[Federal Register Volume 84, Number 106 (Monday, June 3, 2019)]
[Proposed Rules]
[Pages 25499-25506]
[FR Doc No: 2019-11086]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No.: FAA-2019-0360; Notice. No. 19-05]
RIN 2120-AL12

Removal of Check Pilot Medical Certificate Requirement

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would update regulatory text so as to remove
inconsistencies applicable to check pilots and flight instructors in
domestic, flag, and supplemental operations and flight instructors in
commuter and on demand operations so that check pilots and flight
instructors can continue to perform their functions in aircraft without
a medical certificate, unless they are serving as required flightcrew
members. The FAA also proposes to remove the medical certificate
requirement for check pilots in commuter and on demand operations who
perform their functions in aircraft and are not serving as required
flightcrew members. Removing the medical certificate requirement would
enable pilots who are otherwise qualified, to function as check pilots
in aircraft.

DATES: Send comments on or before August 2, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0360
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Aviation Safety
Inspector, Air Transportation Division, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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. The FAA issues this
proposed rule under the authority Congress granted to the FAA
Administrator in 49 U.S.C. 106. Section 106(f) vests final authority in
the Administrator for carrying out all functions, powers, and duties of
the administration relating to the promulgation of regulations and
rules.
    Subtitle VII of title 49 of the United States Code, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rule is issued under the authority granted to the Administrator by
Congress in 49 U.S.C. 44701 and 44705. Section 44701(a)(5) requires the
Administrator to promote safe flight of civil aircraft in air commerce
by prescribing regulations and setting minimum standards for other
practices, methods, and procedures necessary for safety in air commerce
and national security. In addition, Sec.  44701(d)(1)(A) specifically
requires the Administrator, when prescribing safety regulations, to
consider ``the duty of an air carrier to provide service with the
highest possible degree of safety in the public interest.'' Finally,
Sec.  44705 requires the Administrator to issue air carrier operating
certificates that contain terms necessary to ensure safety in air
transportation.

Executive Summary

    Currently, the FAA does not require part 121 check pilots and
flight instructors in airplanes and part 135 flight instructors in
aircraft (airplanes and rotorcraft) to hold medical certificates,
unless serving as required flightcrew members. However, this
requirement is not clear because of inconsistencies in the regulatory
text in parts 121 and 135. This action would amend the regulatory text
to remove these inconsistencies so that it is clear that check pilots
and flight instructors conducting checking and training functions in
aircraft may serve without medical certificates, as long as they are
not required flightcrew members.
    Additionally, current regulations require check pilots under part
135 who perform their duties in aircraft to hold a medical certificate
even if they are not serving as required flightcrew members. As a
result, some experienced pilots who would otherwise qualify to perform
part 135 check pilot functions in an aircraft, but who are not
medically eligible to hold a medical certificate, are limited to
conducting check pilot functions in flight simulation training devices
(FSTDs). This rule proposes to eliminate the requirement for a medical
certificate for check pilots who are not serving as required flightcrew
members. This proposed change would increase the number of experienced
pilots who would be able to qualify as part 135 check pilots on
aircraft.
    Table 1 summarizes the provisions included in this rule, the
sections affected and impacts.

                       Table 1--Summary of Proposed Changes, Sections Affected and Impacts
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             Provision                         Summary               Sections affected            Impact
----------------------------------------------------------------------------------------------------------------
                                   Check Pilot Medical Certificate Requirement
----------------------------------------------------------------------------------------------------------------
Remove the check pilot medical        Removes the         135.337(b)(5), (e)....  Possible small cost
 certificate requirement for 135      requirement for a medical                            savings for pilots
 check pilots (aircraft).             certificate in part 135                              who choose to stop
                                      for check pilots                                     obtaining a medical
                                      (aircraft) who are not                               certificate.
                                      serving as required
                                      flightcrew members.
                                      Restructures        135.337...............
                                      section to remove
                                      duplicative requirements.
Update current medical certificate    Removes             121.411(b)(5);          No impact.
 requirements for check pilots and    requirement for third-       121.412(b)(5);
 flight instructors in part 121 and   class medical certificate    135.338(b)(5), (e)
 flight instructors in part 135.      and explicitly states that
                                      only those part 121 check
                                      pilots (airplane) or
                                      flight instructors
                                      (airplane), or part 135
                                      flight instructors
                                      (aircraft), serving as
                                      required flightcrew
                                      members must have
                                      appropriate medical
                                      certificates to serve as
                                      such.
                                      Adds ``required''   135.337(e);
                                      before ``flightcrew          135.338(b)(5), (e)
                                      member'' to emphasize that
                                      medical certificates are
                                      only required for check
                                      pilots and flight
                                      instructors who are
                                      serving as required
                                      flightcrew members.
                                      Restructures        135.338
                                      section to remove
                                      duplicative requirements.
----------------------------------------------------------------------------------------------------------------
                                      Conforming and Miscellaneous Changes
----------------------------------------------------------------------------------------------------------------
Update nomenclature................   Updates             135.113;                No impact.
                                      nomenclature in part 135     135.297(c)(2);
                                      to change ``check airmen''   135.321(a)(2);
                                      to ``check pilots'',         135.323(a)(1),
                                      ``check airman'' to          (a)(4), (c);
                                      ``check pilot'', and         135.324(b)(4);
                                      ``simulator'' to ``FSTD'',   135.337(a), (b), (e),
                                      where appropriate.           (f); 135.338(a), (f);
                                                                   135.339(a), (c), (d),
                                                                   (e), (g);
                                                                   135.340(a)(2)
                                      Updates             121.411(b)(5);
                                      nomenclature to change       121.412(b)(5),
                                      ``Class I'', ``Class II'',   (f)(1);
                                      and ``Class III'' medical    135.337(b)(5);
                                      certificates to ``first-     135.338(b)(5)
                                      class'', ``second-class'',
                                      and ``third-class''
                                      medical certificates,
                                      respectively.
----------------------------------------------------------------------------------------------------------------

I. Background

    All pilots serving in part 121 and part 135 operations are required
to complete competency checks and proficiency checks on a regular basis
to ensure each pilot's competency in operating the specific aircraft
and conducting instrument operations. These checks are conducted by
check pilots, airmen approved by the FAA who have the appropriate
knowledge, training, experience, and demonstrated ability to evaluate
and to certify the knowledge and skills of other pilots. The role of
the check pilot is to ensure that the flightcrew member has met
competency standards before the check pilot releases the flightcrew
member from training and to ensure that the flightcrew member maintains
those standards while remaining in line service. A check pilot must be
knowledgeable in the applicable requirements of 14 CFR parts 61, 91,
110, 119, and part 121 or 135, other applicable FAA policies, safe
operating practices, and the certificate holder's policies and
procedures.
    A flight instructor is an airman designated by a part 121 or part
135 certificate holder who has the appropriate knowledge, training,
experience, and demonstrated ability to

instruct flightcrew members in a flight training segment of that
certificate holder's training program.
    Flight instructors and check pilots typically do not serve as
required crewmembers during training or checking in an FSTD. This is
because they are typically staffing an instructor station from which
they can oversee the simulation. They may serve as required flightcrew
members during training or checking in aircraft, provided they are
qualified as a pilot in command (including medical certificate
requirements), and are also designated and authorized to perform
training or checking functions in the specific aircraft being used. A
flight instructor or check pilot is considered a required flightcrew
member if the person receiving instruction is not qualified to act as
pilot in command or if the type certificate of the aircraft on which
instruction is being given requires more than one pilot flightcrew
member and no other qualified pilot is on board.\1\
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    \1\ Letter of Interpretation to Willmot White from Carl
Schellenberg, Assistant Chief Counsel, Regulations and Enforcement
Division (Oct 5, 1978). Letter of Interpretation to Ivan Grau from
Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Oct.
1, 2010); Letter of Interpretation to Louis Glenn from Rebeca B.
MacPherson, Assistant Chief Counsel for Regulations (Dec. 1, 2009).
(https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/).
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    Prior to 1996, the agency required medical certificates for flight
instructors and check pilots performing such functions, even if not
serving as required flightcrew members.\2\ In 1996, the FAA published
the final rule, Training and Qualification Requirements for Check
Pilots and Flight Instructors.\3\ The rule recognized that some
experienced part 121 and 135 pilots who would otherwise qualify as
flight instructors or check pilots but were not medically eligible to
hold a medical certificate could not perform their functions even in
simulators.\4\ The rule removed the medical certificate requirement
altogether for flight instructors and check pilots in parts 135 and 121
who perform their functions in flight simulators.\5\ However, the
regulatory text was less clear as to the medical certificate
requirement for flight instructors who perform their functions in
aircraft in parts 135 and 121, and part 121 check pilots.
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    \2\ See e.g., Air Taxi Operators and Commercial Operators, 42 FR
43490 (Aug. 29, 1977) and Air Taxi Operators and Commercial
Operators, 43 FR 46742, 46777 (Oct. 10, 1978).
    \3\ Training and Qualification Requirements for Check Pilots and
Flight Instructors, 61 FR 30734 (June 17, 1996).
    \4\ Id. at 30734.
    \5\ Id. at 30735.
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II. Discussion of the Proposed Rule

A. Part 121 Check Pilot/Flight Instructor and Part 135 Flight
Instructor Medical Certificate Requirements

    Currently, the agency implements Sec. Sec.  121.411, 121.412, and
135.338 such that part 121 check airmen (airplane), part 121 flight
instructors (airplane), and part 135 flight instructors (aircraft) \6\
are not required to hold a medical certificate unless serving as
required flightcrew members. There are, however, inconsistencies within
the regulatory text of these provisions that has caused confusion. The
agency proposes to resolve these inconsistencies with this NPRM.
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    \6\ The FAA's regulations distinguish between check pilots or
flight instructors performing their functions in an airplane (under
part 121) or aircraft (airplanes or rotorcraft under part 135), or
in a flight simulator.
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    Amendments to the regulatory text implementing the medical
certificate requirements for check airmen and flight instructors in
part 121 training programs (Sec. Sec.  121.411 and 121.412) and flight
instructors serving in aircraft in part 135 training programs (Sec.
135.338), have resulted in inconsistencies within each of these
sections. For example, Sec. Sec.  121.411(b)(5) and 121.412(b)(5) state
that check pilots and flight instructors (airplane) must hold at least
a third-class medical certificate unless serving as required
crewmembers; however, Sec. Sec.  121.411(e) and 121.412(e) state that
check pilots and flight instructors who do not hold an appropriate
medical certificate may function as check airmen, but may not serve as
flightcrew members in operations under this part. In part 135, Sec.
135.338(b)(5) states that flight instructors (aircraft) must hold at
least a third-class medical certificate; however, Sec.  135.338(e)
states that an airman who does not hold a medical certificate may
function as flight instructor in an aircraft if functioning as a non-
required crewmember.
    Allowing a part 121 check pilot, or a part 121 or part 135 flight
instructor to serve as such in an airplane, without a medical
certificate, when not serving as a required flightcrew member, has no
negative effect on safety. Except in some circumstances in aircraft in
part 135 operations, neither the check pilot nor the flight instructor
sit at the controls for the aircraft unless serving as a required
flightcrew member. Further, pilots serving as required flightcrew
members must be fully qualified to serve as such, and must have the
appropriate medical certificate. If a check pilot or flight instructor
is not a required flightcrew member, they are not necessary for the
operation and the flight may proceed whether or not they are present.
Thus, requiring a medical certificate for check pilots and flight
instructors who are not serving as required flightcrew members is an
unnecessary burden. Moreover, there has been no degradation in the safe
operation of aircraft resulting from the current application of the
regulations during the estimated 8 years the agency has allowed
eligible check airmen and flight instructors to serve without medical
certificates if not serving as required crewmembers. Therefore, the FAA
has determined the changes in this proposed rule would have no adverse
impact on safety.
    Accordingly, the FAA proposes to amend Sec. Sec.  121.411(b)(5) and
121.412(b)(5) to remove the language requiring the check pilots and
flight instructors to hold at least a third-class medical certificate
unless serving as a required crewmember. These paragraphs will retain
the requirement that the check pilots and flight instructors must hold
a first- or second-class medical certificate, as appropriate, if
serving as required flightcrew members.
    Similarly, the FAA proposes to amend Sec.  135.338(b)(5) to remove
the language requiring flight instructors to hold at least a third-
class medical certificate. For clarity and consistency with part 135
requirements to serve as a required flightcrew member, the FAA proposes
to add the requirement that the flight instructor must hold a first or
second-class medical certificate, as appropriate, if serving as a
required flightcrew member.

B. Part 135 Check Pilot Medical Certificate Requirement

    Currently, Sec.  135.337, requires check airmen serving in part 135
in an aircraft to hold a third-class medical certificate, even if the
check pilot is not serving as a required flightcrew member. Unlike the
three previously discussed sections of 14 CFR (i.e., Sec. Sec.
121.411, 121.412 and 135.338), Sec.  135.337 is unambiguous in
establishing this third-class medical certificate requirement.
    The FAA proposes to remove the requirement for a check pilot
serving in part 135 in an aircraft to hold a third-class medical
certificate unless the check pilot is serving as a required flightcrew
member. A check pilot would need to hold an appropriate medical
certificate only if serving as a required flightcrew member. Removing
the requirement for a third-class medical certificate for check pilots
(aircraft) who

are not serving as required flightcrew members would not negatively
affect safety for the same reasons provided in explaining the proposal
to remove the third-class medical certificate requirement for check
pilots in part 121 training and similarly, would provide regulatory
relief from an unnecessary burden.
    This proposal would reduce regulatory burdens for part 135
operators. Removing the medical certificate requirement would provide
greater operational flexibility to certificate holders and ensure that
otherwise qualified, experienced persons who meet all of the training
and qualification requirements necessary to function as check pilots
would have the opportunity to do so.

A. Miscellaneous and Conforming Amendments

    The FAA proposes the following amendments to improve the clarity
and consistency of parts 135 and 121. This action proposes to change
``check airmen'' and ``check airman'' to ``check pilots'' and ``check
pilot'', respectively, throughout part 135, as appropriate. In
addition, this rule proposes to update the text in Sec. Sec.  135.337
and 135.338 by changing ``simulator'' to ``FSTD'' where appropriate.
    This action proposes to change ``Class I'', ``Class II'', and
``Class III'' medical certificates to ``first-class'', ``second-
class'', and ``third-class'' medical certificates respectively, to
align with the terminology used in part 61.
    This action proposes to add ``required'' before ``flightcrew
member'' in Sec. Sec.  135.337(e) and 135.338(b)(5) and (e) to
emphasize that medical certificates are only required for check pilots
and flight instructors who are serving as required flightcrew members.
    This action proposes to change the structure of Sec. Sec.  135.337
and 135.338, which currently list the check pilot and flight instructor
(aircraft) and check pilot and flight instructor (simulator)
requirements separately. Since this proposed rule would remove the
medical certificate requirement altogether, the only difference in the
requirements between check pilot (aircraft) and check pilot (simulator)
would be the recency of experience requirement. Therefore, the
requirements for both check pilot (aircraft) and check pilot
(simulator) would be listed once in Sec.  135.337(b), and the recency
of experience requirement for check pilot (aircraft) would be listed
separately in Sec.  135.337(c). Similarly, the requirements for flight
instructor (aircraft) and flight instructor (simulator) would be listed
once in Sec.  135.338(b), and the recency of experience requirement for
flight instructor (aircraft) would be listed separately in Sec.
135.338(c).
    The FAA acknowledges that similar types of miscellaneous and
conforming changes that are necessary for part 135 may be necessary for
part 121. The FAA will consider proposing those changes to Sec.
121.411 and Sec.  121.412 in a separate rulemaking action.

III. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. 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, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. 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 with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this proposed rule.
    In conducting these analyses, the FAA has determined that this
proposed rule would: (1) Have savings and no additional costs, (2) not
be an economically ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866, (3) not have a significant
economic impact on a substantial number of small entities; (4) not
create unnecessary obstacles to the foreign commerce of the United
States; and (5) not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector by exceeding the threshold
identified above. These analyses are summarized below.
    As previously discussed, the FAA has determined the changes in this
proposed rule would have no adverse impact on safety. The FAA has found
that by allowing a part 121 check pilot, or a part 121 or part 135
flight instructor to serve as such in an airplane, without a medical
certificate, when not serving as a required flightcrew member, has no
negative effect on safety. Except in some circumstances in aircraft in
part 135 operations, neither the check pilot nor the flight instructor
sit at the controls for the aircraft unless serving as a required
flightcrew member. Further, pilots serving as required flightcrew
members must be fully qualified to serve as such, and must have the
appropriate medical certificate. If a check pilot or flight instructor
is not a required flightcrew member, they are not even necessary for
the operation and the flight may proceed whether or not they are
present. Thus, requiring a medical certificate for check pilots and
flight instructors who are not serving as required flightcrew members
would result in an unnecessary burden. Moreover, there has been no
degradation in the safe operation of aircraft resulting from the
current application of the regulations during the estimated 8 years the
agency has allowed check airmen and flight instructors to serve without
medical certificates if not serving as required crewmembers.
    As of June of 2018, there are roughly 1,035 part 135 check
pilots.\7\ Out of 1,035 part 135 check pilots, there are roughly 496
part 135 check pilots, who do not hold a medical certificate and who
are therefore limited to performing check pilot duties in a flight
simulator. This proposed rule would enable these check pilots, who are
otherwise qualified, but may have become ineligible for a medical
certificate during their employment, to function as check pilots in
aircraft. While this proposed rule would expand the opportunities for
these check pilots, there is not enough information on the demand for
check pilots to perform their duties in an aircraft to quantify the
impacts of this enabling opportunity. For example, some companies only
use simulators to perform check pilots duties while others use a
combination of simulators and aircraft. The FAA requests additional
information and data on the expanded opportunities for affected check
pilots.
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    \7\ National Vital Information Subsystem (NVIS) database, June
2018.
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    Additionally, removing the requirement for a medical certificate
could generate cost savings by allowing part 135 check pilots, with
valid medical certificates, to discontinue

obtaining medical certificates. There are approximately 539 part 135
check pilots with valid medical certificates. Based on age and a
pilot's medical condition, which determines the frequency of a medical
examination, check pilots would save approximately 0.5 hours per pilot
to complete the medical application (MedXpress), 0.5 hours per pilot in
travel time to see an Aviation Medical Examiner (AME), and one hour for
the actual medical examination.\8\ Additional savings include vehicle
operating costs of 0.17 cents per mile \9\ based on 40 miles traveled
to and from the examination, and $117 paid to the AME for the medical
examination.\10\ The estimated value of time for a check pilot is $111
per hour \11\ resulting in potential savings per affected check pilot
of $346 per medical certificate.\12\
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    \8\ Estimated durations of time and miles traveled to and from
examinations taken from Alternative Pilot Physical Examination and
Education Requirements Regulatory Evaluation. https://www.regulations.gov/document?D=FAA-2016-9157-0009.
    \9\ Internal Revenue Service (IRS) Standard Mileage Rate for
2017, 0.17 cents per mile driven for medical or moving purposes;
https://www.irs.gov/newsroom/2017-standard-mileage-rates-for-business-medical-and-moving-announced Dec.13, 2016.
    \10\ $117 aid to AME taken from Alternative Pilot Physical
Examination and Education Requirements Regulatory Evaluation.
https://www.regulations.gov/document?D=FAA-2016-9157-0009.
    \11\ Bureau of Labor Statistics (BLS), National Industry-
Specific Occupational Employment and Wage Estimates, Occupational
Code 53-2011 Airline Pilots, Copilots, and Flight Engineers, May
2017 https://www.bls.gov/oes/current/naics4_488100.htm--includes BLS
Employee Compensation as of June 2017.
    \12\ Total savings per check pilot per medical certificate =
$117 fee per pilot + $55.5 per pilot to complete the application +
$111 per pilot to complete the examination + $55.5 per pilot to
travel to and from the examination + $6.8 in vehicle operating
costs.
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    Approximately 457 check pilots, out of the 539 check pilots with
valid medical certificates, are age 40 and over. Pilots under the age
of 40 renew their third-class medical certificate every five years
compared to every two years for pilots age 40 and over. The FAA assumes
that most pilots who would voluntarily discontinue their medical
certificates are age 40 and over as this age bracket accounts for 85
percent of the check pilot population with valid medical certificates.
Additionally, older applicants are more likely to apply for special
issuance medical certificates, granted to applicants who do not meet
the established medical standards but demonstrate they can perform
without endangering public safety, than their younger counterparts.\13\
Information is limited on the number of check pilots that would allow
their medical certificates to expire. However, the FAA estimates that
only 5 to 10 percent would no longer obtain medical certificates since
check pilots still need to maintain a valid medical certificate to
pilot an aircraft professionally and recreationally or serve as
required flight crew. The FAA requests comment on this estimate. At 5
percent this would be 23 check pilots and at 10 percent this would be
46 check pilots. For affected check pilots age 40 and over, who would
potentially take advantage of this proposed rule, this could result in
undiscounted savings of $23,874 or $47,748 respectively, over a five
year period of analysis as shown in the table below.\14\
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    \13\ https://www.federalregister.gov/documents/2007/04/10/E7-6652/modification-of-certain-medical-standards-and-procedures-and-duration-of-certain-medical.
    \14\ This savings to part 135 check pilots would be at the
expense of the medical practitioner.

 Table 1--Estimated Yearly Undiscounted Savings for Check Pilots Age 40
           and Over--Medical Certificate Renewal Every 2 Years
------------------------------------------------------------------------
                                                  23 Check     46 Check
                     Year                          pilots       pilots
------------------------------------------------------------------------
1.............................................       $7,958      $15,916
2.............................................  ...........  ...........
3.............................................        7,958       15,916
4.............................................  ...........  ...........
5.............................................        7,958       15,916
                                               -------------------------
    Total.....................................      $23,874      $47,748
------------------------------------------------------------------------

    This proposed rule also updates the current regulatory text under
which, the FAA allows check pilots in part 121 and flight instructors
in parts 121 and 135 to serve without a medical certificate, unless
they are required flightcrew members, and updates nomenclature. While
the FAA does not currently require that part 121 check pilots and
flight instructors and part 135 flight instructors hold medical
certificates, as discussed earlier, these regulations are not clear.
    The FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' 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 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 rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that 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 proposed rule would relieve part 135 check pilots from having
to obtain at least a third-class medical certificate when performing
check pilot duties, in an aircraft, as long as they are not required
flight crew. This change could provide cost savings to a few part 135
check pilots without additional costs. The proposed rule also would
clarify related FAA regulations without substantive effect. Thus, the
expected outcome would be a small positive impact on any small entity
affected by this rulemaking action.
    Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking would not result in a significant
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), 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 these Acts, 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 proposed rule and determined
that it would have only a domestic impact and therefore no effect on
international trade.

D. Unfunded Mandates Assessment

    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 $155.0 million in lieu of $100
million.
    This rule would not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    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. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    The existing information collection associated with all check pilot
and flight instructor medical certificates in parts 121 and 135 was
approved under OMB control number 2120-0034. The information collection
is used to collect medical certificate information to determine whether
applicants are medically qualified to perform the duties associated
with the class of medical certificate sought. The FAA has determined
that removing the medical certificate requirement for part 135 check
pilots (aircraft) who are currently eligible for a medical certificate,
but may choose to allow their certificate to expire, would result in a
negligible reduction in the information collection, as pilots would
still need to maintain a valid medical certificate to pilot an aircraft
or serve as required flight crew. The FAA has determined that there
would be no reduction in the information collection associated with
part 121 check pilots and flight instructors and part 135 flight
instructors. The FAA has also determined that there would be no new
requirement for information collection associated with this rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization Standards and Recommended
Practices to the maximum extent practicable. The FAA has reviewed the
corresponding ICAO Standards and Recommended Practices and has
identified no differences with these regulations.

G. Environmental Analysis

    FAA Order 1050.1F 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 rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f and involves no extraordinary
circumstances.

IV. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would 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, would not have
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this proposed 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
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) 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. 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.

D. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs

    This proposed rule is expected to be an Executive Order 13771
deregulatory action. Details on the estimated cost savings of this
proposed rule can be found in the rule's economic analysis.

IV. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The agency may change this proposal in
light of the comments it receives.
    Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not

place it in the docket. It is held in a separate file to which the
public does not have access, and the FAA places a note in the docket
that it has received it. If the FAA receives a request to examine or
copy this information, it treats it as any other request under the
Freedom of Information Act (5 U.S.C. 552). The FAA processes such a
request under Department of Transportation procedures found in 49 CFR
part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies web page at
http://www.faa.gov/regulations_policies or
     Accessing the Government Publishing Office's web page at
http://www.fdsys.gov.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced above.

List of Subjects

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Transportation.

14 CFR Part 135

    Air taxies, Aircraft, Airmen, Aviation safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95 126, Stat 62 (49 U.S.C. 44732
note).

0
2. Amend Sec.  121.411 by revising paragraph (b)(5) to read as follows:

Sec.  121.411   Qualifications: Check airmen (airplane) and check
airmen (simulator).

* * * * *
    (b) * * *
    (5) Holds a first-class or second-class medical certificate, as
appropriate, if serving as a required flightcrew member;
* * * * *
0
3. Amend Sec.  121.412 by revising paragraphs (b)(5) and (f)(1) to read
as follows:

Sec.  121.412   Qualifications: Flight instructors (airplane) and
flight instructors (simulator).

* * * * *
    (b) * * *
    (5) Holds a first-class or second-class medical certificate, as
appropriate, if serving as a required flightcrew member; and
* * * * *
    (f) * * *
    (1) Fly at least two flight segments as a required crewmember for
the type of airplane within the 12-month period preceding the
performance of any flight instructor duty in a flight simulator (and
must hold a first-class or second-class medical certificate as
appropriate); or
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
4. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
5. Amend Sec.  135.337 by revising the section heading and paragraphs
(a)(1) through (a)(3), the introductory text of paragraph (b), and
(b)(5) through (f) to read as follows:

Sec.  135.337   Qualifications: Check pilots.

    (a) * * *
    (1) A check pilot (aircraft) is a person who is qualified to
conduct flight checks in an aircraft or FSTD for a particular type
aircraft.
    (2) A check pilot (simulator) is a person who is qualified to
conduct flight checks in an FSTD for a particular type aircraft.
    (3) Check pilot (aircraft) and check pilot (simulator) are those
persons who perform the functions described in Sec. Sec.  135.321(a)
and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person
serve as a check pilot in a training program established under this
subpart unless, with respect to the aircraft type involved, that
person--
* * * * *
    (5) Holds a first-class or second-class medical certificate, as
appropriate, if serving as a required flightcrew member; and
    (6) Has been approved by the Administrator for the check pilot
duties involved.
    (c) No certificate holder may use a person, nor may any person
serve as a check pilot (aircraft) in a training program established
under this subpart unless, with respect to the aircraft type involved,
that person has satisfied the recency of experience requirements of
Sec.  135.247.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and
(4) of this section, as applicable, must be entered in the individual's
training record maintained by the certificate holder.
    (e) A medical certificate is not required for a person to serve as
a check pilot, unless that check pilot is a required flightcrew member
in an operation under this part.
    (f) A check pilot (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved within the 12-month
preceding the performance of any check pilot duty in an FSTD; or
    (2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program and that must precede the
performance of any check pilot duty in an FSTD.
* * * * *
0
6. Amend Sec.  135.338 by revising the section heading and paragraphs
(a)(1) through (a)(2), the introductory text of paragraph (b), and
(b)(4) through (f) to read as follows:

Sec.  135.338   Qualifications: Flight instructors.

    (a) * * *
    (1) A flight instructor (aircraft) is a person who is qualified to
instruct in an aircraft, or FSTD for a particular type, class, or
category aircraft.
    (2) A flight instructor (simulator) is a person who is qualified to
instruct in an FSTD for a particular type, class, or category aircraft.
* * * * *
    (b) No certificate holder may use a person, nor may any person
serve as a flight instructor in a training program established under
this subpart unless,

with respect to the type, class, or category aircraft involved, that
person--
* * * * *
    (4) Has satisfactorily completed the applicable training
requirements of Sec.  135.340; and
    (5) Holds a first-class or second-class medical certificate, as
appropriate, if serving as a required flightcrew member.
    (c) No certificate holder may use a person, nor may any person
serve as a flight instructor (aircraft) in a training program
established under this subpart unless, with respect to the type, class,
or category aircraft involved, that person has satisfied the recency of
experience requirements of Sec.  135.247.
    (d) Completion of the requirements in paragraphs (b)(2), (3), and
(4) of this section, as applicable, must be entered in the individual's
training record maintained by the certificate holder.
    (e) A medical certificate is not required for a person to serve as
a check pilot, unless that check pilot is a required flightcrew member
in an operation under this part.
    (f) * * *
    (1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved within the 12-month
period preceding the performance of any flight instructor duty in an
FSTD; or
    (2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program preceding the performance
of any flight instructor duty in an FSTD.
* * * * *
0
7. In part 135, remove the word ``airmen'' and add, in its place, the
word ``pilots'' in the following places:
0
a. Section 135.321 paragraph (a)(2);
0
b. Section 135.323 paragraph (a)(4);
0
c. Section 135.324 paragraph (b)(4); and
0
d. Section 135.339 section heading, and paragraphs (c) through (e) and
(g).
0
8. In part 135, remove the word ``airman'' and add, in its place, the
word ``pilot'' in the following places:
0
a. Section 135.113 introductory text;
0
b. Section 135.297 paragraph (c)(2);
0
c. Section 135.323 paragraphs (a)(1) and (c);
0
d. Section 135.339 paragraphs (a), (c)(1), (d); and
0
e. Section 135.340 paragraph (a)(2).

    Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), 44701(a)(5), and 44705, on May 17, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2019-11086 Filed 5-31-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Page 58788]
[FR Doc No: 2022-21008]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER18-1639-000.
    Applicants: Constellation Mystic Power, LLC.
    Description: Constellation Mystic Power, LLC submits September 2022
Informational Filing.
    Filed Date: 9/15/22.
    Accession Number: 20220915-5354.
    Comment Date: 5 p.m. ET 10/6/22.

    Docket Numbers: ER19-841-001.
    Applicants: Energy Center Dover LLC.
    Description: Notice of Change in Status of Energy Center Dover LLC.
    Filed Date: 9/19/22.
    Accession Number: 20220919-5246.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2518-000.
    Applicants: Clearwater Wind I, LLC.
    Description: Supplement to July 28, 2022, Clearwater Wind I, LLC
Application for Market-Based Rate Authorization to be effective 9/27/
2022.
    Filed Date: 9/19/22.
    Accession Number: 20220919-5268.
    Comment Date: 5 p.m. ET 9/29/22.

    Docket Numbers: ER22-2884-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Sec.  205(d) Rate Filing: WPC Amendments Depr. and
Deriv Accounting to be effective 11/19/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5011.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2886-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance on Certain Market Seller
Offer Cap Provisions (EL22-22) to be effective 8/24/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5019.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2887-000.
    Applicants: Crossing Trails Wind Power Project LLC.
    Description: Tariff Amendment: Notice of Cancellation and
withdrawal of Rate Schedule Tariff to be effective 9/21/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5026.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2888-000.
    Applicants: Northern Indiana Public Service Company LLC.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
to be effective 8/25/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5027.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2889-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: UAMPS Const Agmt Lehi Carter
BTM Resource Modeling to be effective 11/20/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5044.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2890-000.
    Applicants: National Grid Generation LLC.
    Description: Sec.  205(d) Rate Filing: Annual Reset of Pension and
OPEB Expenses to be effective 1/1/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5045.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2891-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-09-20_Ramp and STR
Demand Curve Enhancements to be effective 11/29/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5055.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2892-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: BHP--BH Wyoming Update to
Schedule B of GDEMA to be effective 11/21/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5062.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2893-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: BHP--BHCE Update to Schedule
B of GDEMA to be effective 11/21/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5065.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2894-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: BHP--CLFP Update to Schedule
B of GDEMA to be effective 11/21/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5066.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2895-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: BHP--Gillette Update to
Schedule B of GDEMA to be effective 11/21/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5067.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: ER22-2896-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: BHP--MDU Update to Schedule
B of GDEMA to be effective 11/21/2022.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5068.
    Comment Date: 5 p.m. ET 10/11/22.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH22-19-000.
    Applicants: Ullico Inc.
    Description: FERC-65A Notice of Change in Fact to Waiver
Notification to Ullico Inc.
    Filed Date: 9/20/22.
    Accession Number: 20220920-5063.
    Comment Date: 5 p.m. ET 10/11/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21008 Filed 9-27-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 15, 2008 (Volume 73, Number 200)]
[Rules and Regulations]
[Page 60952-60953]
[DOCID:fr15oc08-13]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0927]

Drawbridge Operation Regulation; Piscataqua River, Portsmouth,
NH, and Kittery, ME, Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

-----------------------------------------------------------------------

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Sara M. Long (Route 1 Bypass) Bridge across the Piscataqua River at
mile 4.0, between Portsmouth, New Hampshire, and Kittery, Maine. Under
this temporary deviation, the bridge may remain in the closed position.
This deviation is necessary to facilitate scheduled bridge maintenance.

DATES: This deviation is effective from 7 a.m. on November 10, 2008
through 5 p.m. on November 14, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0927 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on the rule,
call John McDonald, Project Officer, First Coast Guard District, at
617-223-8364. If you have questions on viewing the docket, call Renee
V. Wright, Program Manager, Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Sara M. Long (Route 1 Bypass) Bridge,
across the Piscataqua River at mile 4.0,

between Portsmouth, New Hampshire, and Kittery, Maine, has a vertical
clearance in the closed position of 10 feet at mean high water and 18
feet at mean low water. The existing drawbridge operation regulations
are listed at 33 CFR 117.531(c).
    The owner of the bridge, New Hampshire Department of
Transportation, requested a temporary deviation to facilitate scheduled
bridge maintenance and electrical operating equipment upgrade
maintenance.
    Both recreational and commercial vessel traffic transit this
bridge. Waterway users were advised of the requested bridge closure
period and offered no objection.
    Under this temporary deviation, in effect from 7 a.m. on November
10, 2008 through 5 p.m. on November 14, 2008, the Sara M. Long (Route 1
Bypass) Bridge may remain in the closed position. Vessels able to pass
under the closed draw may do so at any time.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: October 1, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E8-24521 Filed 10-14-08; 8:45 am]

BILLING CODE 4910-15-P