[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Rules and Regulations]
[Pages 38763-38783]
[FR Doc No: 2020-13960]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 61, 63, 65, 91, 107, 125, and 141

[Docket No.: FAA-2020-0446; Amdt. No(s). 21-102, 61-145, 63-43, 65-60,
91-357, 107-3, 125-69, and 141-21]
RIN 2120-AL64

Limited Extension of Relief for Certain Persons and Operations
During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency

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

ACTION: Final rule.

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SUMMARY: This final rule amends the regulatory relief originally
provided in the Relief for Certain Persons and Operations during the
Coronavirus Disease 2019 (COVID-19) final rule. Other than relief for
medical certificate duration, the relief in this final rule applies to
a new population of airmen and does not extend the relief provided in
the original Special Federal Aviation Regulation (SFAR). The amended
relief applies to new persons who may have challenges complying with
certain training, recent experience, testing, and checking
requirements. This relief allows operators to continue to use pilots
and other crewmembers in support of essential operations during this
extended period. This SFAR also provides regulatory relief to
additional persons unable to meet duration and renewal requirements due
to the public health emergency.

DATES: Effective June 25, 2020, through March 31, 2021.

ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action for pilots, contact Craig Holmes, General Aviation and
Commercial Division; Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>For technical questions
concerning this action for mechanics and special flight permits,
contact Kevin Morgan, Aircraft Maintenance Division; Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>For technical
questions concerning this action for aircraft dispatchers and flight
engineers, contact Theodora Kessaris and Sheri Pippin, Air
Transportation Division, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' In addition, section 553(d) of the APA requires that
agencies publish a rule not less than 30 days before its effective
date, except a substantive rule that relieves a restriction or ``as
otherwise provided by the agency for good cause found and published
with the rule.'' 5 U.S.C. 553(d)(1) and (3).
    The FAA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive prior
notice and the opportunity for public comment. The provisions in this
final rule provide temporary relief to persons who have been unable to
meet certain requirements during the national emergency concerning
COVID-19. Without this final rule, certain individuals will not be able
to continue exercising privileges in support of essential operations
due to their inability to satisfy certain training, recent experience,
testing, and checking requirements. In addition, other individuals may
be unable to satisfy certain requirements due to a reduced availability
of personnel that are able to conduct routine aviation activities. In
other instances, such activities may be contrary to State and local
directives that continue certain restrictions as they implement phased
recovery plans.
    The FAA recognizes that there are aviation operations outside of
air carrier and commercial operations conducted under part 119 of title
14 of the Code of Federal Regulations (14 CFR) that are critical,
including operations that support essential services and flights that
support the COVID-19 public health emergency response efforts. These
operations are likely to face disruption due to a decreased supply of
qualified pilots resulting from the effects of the COVID-19 public
health emergency including the reduced number of personnel available to
administer required training, checking, and testing. Without the relief
in this SFAR, beginning July 1, 2020, and with each month thereafter, a
new group of pilots will become unavailable to perform critical
operations due to an inability to comply with regulatory requirements.
This SFAR will provide temporary relief to certain individuals whose
qualifications would otherwise lapse, to ensure there are a sufficient
number of qualified personnel available to conduct essential aviation
activities during this period. The FAA finds that this temporary action
is needed to enable individuals to continue to exercise their airman
certificate privileges during the immediate period following the
initial COVID-19 public health emergency.
    This action is also needed to provide immediate notification to
individuals facing impending expiration dates for certificates,
endorsements, and test results.\1\ With the cessation of many non-
essential aviation training and testing activities, many individuals
have been unable to complete certain activities before encountering
expiration dates. Absent the relief in this rule, persons may attempt
to satisfy certain requirements to avoid economic burdens associated
with non-compliance even though compliance could require acting
contrary to national social distancing guidelines and restrictions in
State and local directives associated with phased recovery efforts.

In addition, as routine activities begin to resume, these individuals
may be unable to satisfy requirements for reasons outside their
control, such as the reduced number of personnel. 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.
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    \1\ Certain FAA regulations require a person to act within a
particular timeframe in order to avoid an expiration. For example, a
knowledge test result is generally valid for 24 months. A person
must take the practical test before the knowledge test result
expires or he or she must retake the knowledge test at additional
cost.
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    Accordingly, the FAA finds that providing notice and an opportunity
to comment is contrary to the public interest, because any delay in
implementation of this final rule could result in disruption to
critical aviation operations, and could increase the incidence of
exposure during this public health emergency and into the period of
recovery. Furthermore, the continually evolving public health situation
as a result of, and State and local responses to, the COVID-19 public
health emergency significantly limits how far in advance the FAA can
usefully assess the need for the flexibilities provided for in this
regulation.
    In addition, for the same reasons stated above, the FAA finds good
cause to waive the 30-day delay in effective date of this final rule
under 5 U.S.C. 553(d)(3) for the SFAR provisions that address the
training and qualification requirements. Because the APA also allows a
substantive rule that relieves a restriction to become effective in
less than 30 days after publication, the FAA finds that the SFAR
provisions that provide relief by extending duration and renewal
requirements may also be immediately effective. 5 U.S.C. 553(d)(1).

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. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires
the Administrator to promulgate regulations and minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce and national security; and 49 U.S.C. 44703(a), which requires
the Administrator to prescribe regulations for the issuance of airman
certificates when the Administrator finds, after investigation, that an
individual is qualified for, and physically able to perform the duties
related to, the position authorized by the certificate. This rulemaking
provides airmen relief from certain training, recency, testing, and
checking requirements, and establishes qualification requirements for
airmen seeking to conduct essential operations during the COVID-19
public health emergency. For these reasons, this rulemaking is within
the scope of the FAA's authority.

List of Abbreviations and Acronyms Frequently Used in This Document

ATP--Airline Transport Pilot
COVID-19--Coronavirus Disease 2019
IFR--Instrument Flight Rules
PIC--Pilot in Command
SIC--Second in Command
UAS--Unmanned Aircraft Systems

Table of Contents

I. Overview of Final Rule
II. Background
III. Discussion of Final Rule
    A. Relief From Certain Training, Recency, Testing and Checking
Requirements
    1. Part 61
    a. Second-in-Command Qualifications (Sec.  61.55)
    b. Flight Review (Sec.  61.56)
    c. Recent Flight Experience: Pilot in Command (Sec.  61.57)
    d. Pilot-in-Command Proficiency Check: Operation of an Aircraft
That Requires More Than One Pilot Flight Crewmember or Is Turbojet-
Powered (Sec.  61.58)
    2. Part 91, Subpart K Flight Crewmember Requirements (Sec. Sec.
91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 91.1091,
91.1093, 91.1095, 91.1099, 91.1107)
    3. Mitsubishi MU-2B Series Special Training, Experience, and
Operating Requirements (Part 91, Sec. Sec.  91.1703, 91.1705,
91.1715)
    4. Aeronautical Knowledge Recency (Sec.  107.65)
    5. Part 125 Flight Crewmember Requirements (Sec. Sec.  125.285,
125.287, 125.289, 125.291, 125.293)
    6. Robinson R-22/R-44 Special Training and Experience
Requirements (SFAR 73)
    B. Relief From Certain Duration and Renewal Requirements
    1. Part 61
    a. Medical Certificates: Requirement and Duration (Sec.  61.23)
    b. Prerequisites for Practical Tests (Sec.  61.39)
    2. Part 63
    a. Certificates and Ratings Required (Sec.  63.3)
    b. Knowledge Requirements (Sec.  63.35)
    3. Part 65
    a. [Dispatcher] Knowledge Requirements (Sec.  65.55)
    b. Eligibility Requirements: General (Sec.  65.71)
IV. Regulatory Notices and Analyses
V. Executive Order Determinations
VI. How To Obtain Additional Information

I. Overview of Final Rule

    The FAA's regulations contain several training, recent experience,
testing, and checking requirements that persons must comply with prior
to exercising their airman or crewmember privileges. The FAA's
regulations also contain duration requirements, such as those
pertaining to medical certificates, the validity of knowledge tests,
and general procedures for completing a practical test. Persons
continue to have difficulty complying with several of the FAA's
requirements because of the ongoing effects of the COVID-19 public
health emergency, including the continuation of social distancing
guidelines to prevent transmission of the virus. As a result,
``lapses'' in qualifications, which occur on the last day of each
month, will affect an additional cohort of regulated parties at the end
of each month even as stay-at-home advisories are lifted and replaced
with State and local directives for phased recovery and routine
activities resume. The regulatory relief provided in this final rule
will amend the Relief for Certain Persons and Operations during the
Coronavirus Disease 2019 (COVID-19) final rule (SFAR 118) (85 FR 26326)
that was issued on April 30, 2020. This amendment will enable the
continuity of aviation operations that are critical during the COVID-19
public health emergency and the recovery, including operations that
support essential services and flights that support response efforts.
In addition, the SFAR contains regulatory relief for persons who are
unable to satisfy certain requirements to prevent those persons from
enduring unnecessary economic burdens due to circumstances related to
the public health emergency that are outside of their control. The FAA
notes that, except for one instance related to the extension of medical
certificates, no extension of relief has been granted to airmen who
were eligible for relief in SFAR 118. The FAA also notes that, in this
final rule, it is not expanding every area of relief provided in
original SFAR 118. Although this amended SFAR will remain effective
through March 31, 2021, that date does not reflect the duration for
every provision. As a result, airman, operators, and air agencies
should review the eligibility, conditions, and duration of the SFAR
carefully to ensure compliance.
    The table below summarizes the amendments to SFAR 118.

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                                                                    Original SFAR 118       Amended SFAR 118-1
                14 CFR                       Area of relief               relief                  relief
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61.55.................................  Second-in-Command Pilot  Due March-June 2020 has  Added pilots due July-
                                         Qualifications.          3 grace months to        Sept 2020.
                                                                  complete training.
61.56.................................  Pilot Flight Review....  Due March-June 2020 has  Added pilots due July-
                                                                  3 grace months to        Sept 2020.
                                                                  complete flight review.
61.57.................................  Pilot Instrument         9-month currency look-   Added look-back period
                                         Currency.                back period (instead     for flights in July-
                                                                  of 6 months) for         Sept 2020.
                                                                  flights April 30-June
                                                                  30, 2020.
61.58.................................  Pilot-in-Command         Due March-June 2020 has  Added pilots due in
                                         Proficiency Check.       3 grace months to        July-Sept 2020.
                                                                  complete check.
Part 91, Subpart K....................  Crewmember Requirements  Due March-June 2020 has  Added crewmembers due
                                                                  3 grace months to        in July-Sept 2020.
                                                                  complete training,
                                                                  recency, and checking.
Part 91, Subpart N....................  Mitsubishi MU-2B Series  Due March-June 2020 has  Added pilots due in
                                         Special Training,        3 grace months to        July-Sept 2020.
                                         Experience, and          complete training and
                                         Operating Requirements.  flight review.
107.65................................  Remote Pilot             Due March-June 2020;     Added remote pilots
                                         Aeronautical Knowledge   privileges are renewed   whose privileges are
                                         Recency.                 for 6 months following   due to expire July-
                                                                  completion of online     Sept 2020.
                                                                  training.
Part 125..............................  Flight Crewmember        Due March-June 2020 has  Added crewmembers due
                                         Requirements.            3 grace months to        in July-Sept 2020.
                                                                  complete training,
                                                                  recency, and checking.
SFAR 73...............................  Robinson R-22/R-44       Due March-June 2020 has  Added pilots due in
                                         Special Training and     3 grace months to        July-Sept 2020.
                                         Experience               complete flight review.
                                         Requirements.
61.23.................................  Pilot Medical            Validity of March-May    Extend medical
                                         Certificate Duration.    2020 medicals extended   validity period by 3
                                                                  to June 30, 2020.        calendar months from
                                                                                expiration applies to
                                                                                medicals expiring
                                                                                March-Sept 2020.
61.39.................................  Pilot Knowledge Test     Test results expiring    Knowledge tests
                                         Validity Period.         March-June 2020          expiring in July-Sept
                                                                  extended 3 calendar      2020 added.
                                                                  months.
61.197................................  Flight Instructor        Certificate expiration   No change.
                                         Renewal.                 March-May 2020 have
                                                                  until June 30, 2020 to
                                                                  renew.
SFAR 100-2............................  Relief for U.S.          Eligible persons that    No change.
                                         Military and Civilian    returned from overseas
                                         Personnel Who are        October 2019-March
                                         Assigned Outside the     2020 received an
                                         U.S. in Support of       extension of 3
                                         U.S. Armed Forces        calendar months.
                                         Operations.
63.3..................................  Flight Engineer Medical  Validity of March-May    Extend medical
                                         Certificate Duration.    2020 medicals extended   validity period by 3
                                                                  to June 30, 2020.        calendar months from
                                                                                expiration applies to
                                                                                medicals expiring
                                                                                March-Sept 2020.
63.35.................................  Flight Engineer Written  Test results expiring    Written tests expiring
                                         Test Validity Period.    March-June 2020          in July-Sept 2020
                                                                  extended 3 calendar      added.
                                                                  months.
65.55.................................  Dispatcher Knowledge     Test results expiring    Knowledge tests
                                         Test Validity Period.    March-June 2020          expiring in July-Sept
                                                                  extended 3 calendar      2020 added.
                                                                  months.
65.71.................................  Mechanic Applicant       Testing period expires   Testing period
                                         Testing Period.          March-June 2020          expiring in July-Sept
                                                                  extended 3 months.       2020 added.
65.93.................................  Mechanic with            3 additional months      No change.
                                         Inspection               (April-June 2020) to
                                         Authorization Renewal.   meet year one renewal
                                                                  requirements.
65.117................................  Military Riggers.......  Eligible military        No change.
                                                                  parachute riggers who
                                                                  were released March-
                                                                  June 2019 have 3
                                                                  additional months to
                                                                  make application.
141.5.................................  Pilot School             Provisional certificate  No change.
                                         Certificate              expires April-June
                                         Requirements.            2020 extended to Dec
                                                                  31, 2020 to apply for
                                                                  a pilot school
                                                                  certificate.
141.27................................  Pilot School             Certificate expires      No change.
                                         Certificate Renewal      April-June 2020
                                         Requirements.            extended to Dec 31,
                                                                  2020 to renew.
21.197................................  Special Flight Permit--  April 30-Dec 31, 2020..  No change.
                                         Move Aircraft to
                                         Storage.
----------------------------------------------------------------------------------------------------------------

II. Background

    In March 2020, the FAA received several letters from industry
associations petitioning the FAA for relief and extensions from certain
requirements during the COVID-19 public health emergency.\2\ The
content of the letters and the relief and flexibility sought were
described in the Relief for Certain Persons and Operations during the
Coronavirus Disease 2019 (COVID-19) final rule (SFAR 118) (85 FR
26326). On May 29, 2020, the FAA received an additional letter signed
by six industry associations seeking to extend by a month the relief
granted to those individuals eligible for

relief in SFAR 118.\3\ The letter also requested the FAA to expand the
eligibility of the relief to additional groups of pilots, operators,
and certificate holders who face expiring experience, testing,
checking, duration, medical, and renewal requirements in July through
September 2020.
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    \2\ These letters are available in the rulemaking docket.
    \3\ The letter was from the Aircraft Owners and Pilots
Association (AOPA), Air Medical Operators Association (AMOA),
Experimental Aircraft Association (EAA), Helicopter Association
International (HAI), National Agricultural Aviation Association,
National Air Transportation Association (NATA), and National
Business Aviation Association (NBAA).
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    The industry associations supported their position by acknowledging
that while restrictions are easing in some areas, they continue to see
burdens and restrictions that will continue to have a negative impact
on the aviation community into the foreseeable future. The letter cited
guidance from the Centers for Disease Control and Prevention (CDC),
which continues to recommend limited contact with persons outside of
one's household, and added that State and local governments are
enforcing social distancing requirements. As a result, many aviation
stakeholders seek to minimize their risk of exposure. The industry
associations referenced FAA data, which indicates that ``more than 57%
of [designated pilot examiners] are over the age of 60, a demographic
at higher risk of severe effects'' from COVID-19 disease. The letter
also cited aviation medical examiners either being unavailable or
taking weeks to schedule appointments. They added that the additional
flexibility will allow airmen and examiners to abide by CDC and
individual State recommendations while stimulating the economy and
moving medical and emergency supplies when needed. The industry
associations believe the safety mitigations in SFAR 118 will continue
to ensure an equivalent level of safety during the extensions.
    The FAA also received a petition for exemption from Airlines for
America (A4A) requesting additional relief from expiration dates for
medical certificates beyond what SFAR 118 provided for part 121 pilots
and flight engineers. Specifically, A4A requested that airmen holding
medical certificates that were due to expire in April 2020 and May 2020
be extended for a total of three calendar months.\4\ In addition, A4A
sought a 3-month extension to medicals that will expire in July through
September 2020. It stated that such relief would facilitate an
uninterrupted stream of airmen for flight operations and ensure
continuity of essential air service while reducing possible exposure to
COVID-19 and allowing for flexibility in scheduling medical
appointments. A4A added that, as access to aviation medical examiners
resumes, these non-emergency medical appointments may be subject to
large backlogs and not considered priority. A4A reiterated the FAA's
determination from SFAR 118 that ``pilots may operate beyond the
validity period of their medical certificate for a limited time without
creating a risk to aviation safety that is unacceptable under the
extraordinary circumstances surrounding the COVID-19 outbreak.''
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    \4\ SFAR 118 provided disproportionate relief for medical
certificates that expired in April and May 2020 by extending them
all until June 30, 2020.
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    In addition, on May 19, 2020, the President issued Executive Order
13924, Regulatory Relief to Support Economic Recovery, setting forth
``the policy of the United States to combat the economic consequences
of COVID-19 with the same vigor and resourcefulness with which the
fight against COVID-19 itself has been waged.'' Among other things, the
Executive Order directed executive branch agencies to ``address this
economic emergency by rescinding, modifying, waiving, or providing
exemptions from regulations and other requirements that may inhibit
economic recovery consistent with applicable law and with protection of
the public health and safety . . . .'' This final rule is consistent
with this Executive Order.

III. Discussion of Final Rule

    Without the expanded relief provided in this SFAR, certain persons
are at risk of ceasing operations due to their inability to satisfy
training and qualification requirements due to disruptions caused by
the COVID-19 public health emergency. Airmen continue to have trouble
complying with certain training, recency, checking, testing, duration,
and renewal requirements even as stay-at-home advisories are lifted.
Even as the Nation transitions to various phases of reopening
throughout the country, authorities continue to promote social
distancing and limiting exposure to slow the spread of the virus. To
comply with many of the FAA's training, recency, checking, testing,
duration, and renewal requirements, an airman is required to be in
close proximity to another individual, often in a small, confined space
such as the flight deck of an aircraft or inside a simulator. In such
an environment, there is an increased risk of transmission of the
virus.
    Although there are signs of increased aviation activity, many of
the challenges that existed when SFAR 118 was first issued remain
today. As those airmen that exercised the relief in the SFAR begin to
reschedule training and qualification activities, further strain is
placed on the training ecosystem for those airmen who are due for
events in the upcoming months. In addition, the FAA workforce and its
designees have not fully returned to normal activity. As a result,
airman qualifications will lapse because persons cannot access training
or testing facilities or schedule events in a timely fashion, or
because FAA inspectors or designees are unavailable to conduct required
tests, checks, or observations. 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 to a new cohort of airmen.
    Because this SFAR addresses multiple regulations from several parts
of the Federal Aviation Regulations, the FAA has provided the necessary
background information in the relevant sections of the Discussion of
the Final Rule. The FAA emphasizes that, apart from the limited relief
granted in this SFAR, individuals must continue to comply with all
applicable FAA regulations.\5\
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    \5\ The FAA notes, in particular, that Sec.  61.51(a) requires
an individual to log training and aeronautical experience used to
meet the requirements for a certificate, rating, or flight review
and aeronautical experience required for meeting the recent flight
experience requirements of part 61. Likewise, Sec.  61.51(i)
requires a person to present their pilot certificate, medical
certificate, logbook, or any other record required by part 61 for
inspection upon a reasonable request by (i) the Administrator; (ii)
an authorized representative from the National Transportation Safety
Board; or (iii) any Federal, State, or local law enforcement
officer.
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    Each of the following sections explains the relief being granted
and the airmen or air agencies eligible for the relief.\6\ The
mitigations the FAA found necessary to ensure aviation safety remain
unchanged from SFAR 118; therefore, they are not fully explained in the
preamble of this amendment.
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    \6\ As explained further in Section IV.F of this SFAR
(International Compatibility), certain relief provided in this SFAR
does not conform with the International Civil Aviation Organization
(ICAO) Standards and Recommended Practices (SARPs). Apart from this
SFAR's application within the United States, certificate holders or
operators may dispatch or release flights and pilots and other
crewmembers may operate outside of the United States under this
SFAR, unless otherwise prohibited by a foreign country. For
international operations where pilots and other crewmembers will
exercise the relief identified in this SFAR, anyone exercising this
relief must have access to the SFAR when outside the United States
and present a copy of this SFAR for inspection upon request by a
foreign civil aviation authority.
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    While the FAA is expanding the relief in SFAR 118 to a new group of
airmen, it has not extended the period of relief

provided to the original group of airmen except in one instance related
to medical certification that is explained later in this preamble. The
FAA maintains that limited extensions, not to exceed 3 calendar months
(grace months), for training, checking, and currency requirements are
acceptable in these extraordinary circumstances. Further extending the
grace period provided to the original group of airmen covered by SFAR
118, however, presents an added risk to the system that the FAA does
not broadly support. The grace months provided by the SFAR were to
offer flexibility in scheduling the necessary events given the
disruption caused by the COVID-19 public health emergency. Certificate
holders should seek to schedule those events as soon as it is practical
and safe to do so given individual circumstances.

A. Relief From Certain Training, Recency, Testing, and Checking
Requirements

    As noted in the letters from industry, general aviation operators
and crewmembers can be a key part of the U.S. infrastructure. The
support that general aviation provides is particularly critical as the
Nation begins to recover from the public health emergency. Because some
phased recovery measures continue to recommend that people stay at home
or limit exposure through social distancing, some airmen will continue
to have difficulty completing certain regulatory requirements in the
short-term. In addition, as aviation activity begins to resume, the FAA
anticipates that the demand for training, checking, and testing will
exceed the availability of qualified instructors, check airmen, and
examiners in many locations. The relief in this final rule will provide
additional time and flexibility for airmen to schedule and complete
those regulatory activities. The FAA encourages airmen not to delay
scheduling until the last possible moment to ensure compliance by the
end of the grace periods. As a result, the FAA finds temporary relief
from some requirements is still necessary to maintain critical
operations, increase flexibility in scheduling, 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 overarching
eligibility for relief in Section A remains unchanged from the original
issuance of SFAR 118; however, it is reiterated here for clarity.
Except for medical certification, no individuals who obtained relief
under the original SFAR will receive an extension of that relief.
Specific eligibility changes for individual sections will be discussed
in those sections.
    The relief applies to any operation that requires the pilot to hold
at least a commercial pilot certificate. This provision will support
the continuity of essential commercial operations, which include aerial
observation of critical infrastructure, aerial applications (e.g.,
crops), and private carriage of medical supplies and equipment, which
are conducted under part 91, subpart K, and parts 125, 133, and 137.\7\
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    \7\ In accordance with Sec.  137.19, a private operator pilot
that holds a private pilot certificate is also eligible for relief.
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    In addition, this relief applies to some operations conducted by
pilots exercising private pilot privileges, provided the pilot has at
least 500 hours of total time as a pilot of which 400 hours is as PIC
and 50 of the PIC hours were accrued in the last 12 calendar months.
The kinds of operations permitted are those that are:

     Incidental to business or employment,
     in support of family medical needs or to transport
essential goods for personal use,
     necessary to fly an aircraft to a location in order to
meet a requirement of this chapter, or
     a flight to transport essential goods and/or medical
supplies to support public health needs.
    This SFAR also extends to pilots conducting charitable medical
flights for a volunteer pilot organization pursuant to an exemption
issued under part 11, provided the pilots continue to comply with the
conditions and limitations of the exemption. For flights conducted by
private pilots under this relief, no one may be carried on the aircraft
unless that person is essential to the purpose of the flight, such as
when transporting doctors for the purpose of providing medical care.
This relief does not permit private pilots to conduct these operations
for compensation or hire unless permitted under the exceptions in Sec.
61.113(b), (d), (e), or (h) or by exemption.\8\
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    \8\ The FAA has consistently construed compensation under Sec.
61.113(a) broadly. Compensation does not require a profit, profit
motive, or the actual payment of funds. Rather, compensation is the
receipt of anything of value, including the reimbursement of
expenses. For additional discussion, the FAA has issued legal
interpretations with respect to what constitutes compensation.
Furthermore, nothing in this SFAR relieves a person from the
requirement to hold a part 119 certificate if applicable FAA
regulations require a part 119 certificate. See generally FAA
Advisory Circular 120-12A (Apr. 24, 1986) and FAA Advisory Circular
61-142 (Feb. 25, 2020).
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    This relief also extends to flight attendant crewmembers, check
pilots, and flight instructors under part 91, subpart K, and part 125.
Finally, this relief applies to operations conducted under part 107 of
this chapter by a person who holds a remote pilot certificate issued
under part 107. Pilots exercising commercial pilot privileges have at
least 190 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 amendment to SFAR 118 addresses crewmember qualifications that
may lapse in the next few months, provided the crewmember is eligible
for the relief and satisfies the safety mitigations before exercising
the privileges. The eligibility requirements and mitigations are
discussed more fully in each subsection.
1. Part 61
    Part 61 prescribes the requirements for pilot, flight instructor,
and ground instructor certification, which include training, recency,
testing, and checking requirements. The FAA is providing relief for
second-in-command (SIC) qualifications, pilot flight reviews, specific
recency of experience requirements, and the PIC proficiency check for
pilots that operate aircraft that require more than one pilot flight
crewmember or are turbojet-powered. The specific relief is described in
paragraphs A.1.a. through A.1.d.
a. Second-in-Command Qualifications (Sec.  61.55)
    Section 61.55(b) states that no person may serve as SIC of an
aircraft certificated for more than one required pilot flight
crewmember or in operations requiring an SIC unless that person has,
within the previous 12 calendar months, become familiar with certain
information specific to the type of aircraft and performed and logged
pilot time in the type of aircraft or in a flight simulator that
represents the type of aircraft.\9\ Although paragraph (c)

provides SICs a grace month \10\ for accomplishing this recency
requirement, the effects of the COVID-19 public health emergency
continues to create challenges for accomplishing this requirement even
within that additional timeframe.
---------------------------------------------------------------------------

    \9\ Section 61.55(b)(1)(i) specifies SICs must become familiar
with operational procedures applicable to the powerplant, equipment,
and systems; performance specifications and limitations; normal,
abnormal, and emergency operating procedures; flight manual; and
placards and markings. As prescribed in paragraph (b)(2), the SIC
must also log pilot time and perform at least three takeoffs and
three landings to a full stop as the sole manipulator of the flight
controls; engine-out procedures and maneuvering with an engine out
while executing the duties of pilot in command; and receive crew
resource management training.
    \10\ The ``grace month'' is the month after the month in which
training is due during which the pilot is still eligible to maintain
recency.
---------------------------------------------------------------------------

    As a result, the FAA finds, under the extraordinary circumstances
of the COVID-19 public health emergency, that allowing eligible SICs
two additional grace months for completing the requirements of Sec.
61.55(b) would not present additional risk to aviation safety that
cannot be mitigated, as explained in the next paragraph. The additional
grace months are available to pilots whose base month falls in March
through September 2020. The ``base month'' is the month in which
training is due. Under this SFAR, pilots will have a total of three
grace months after the base month to accomplish the requirements of
Sec.  61.55(b).\11\ If these requirements are completed during the
grace period, they will be considered to have been completed during the
base month. To attain the two additional grace months, eligible pilots
must complete the requirements prescribed in SFAR 118 prior to serving
as an SIC.\12\
---------------------------------------------------------------------------

    \11\ The three grace months consist of the grace month provided
in Sec.  61.55(c) and the two additional grace months provided by
this SFAR.
    \12\ 85 FR 26330.
---------------------------------------------------------------------------

    The FAA notes that, for pilots whose base month is March 2020, the
three-month grace period is available through June 30, 2020, and these
pilots must complete the requirements in Sec.  61.55 before acting as
SIC after June 30, 2020.
b. Flight Review (Sec.  61.56)
    Section 61.56(c) states that no person may act as PIC of an
aircraft, unless since the beginning of the 24th calendar month before
the month in which that person acts as PIC, that person has
accomplished a flight review in an aircraft for which that person is
rated and the person's logbook has been endorsed for that review by an
authorized instructor certifying the review was satisfactorily
completed.\13\
---------------------------------------------------------------------------

    \13\ Section 61.56(a) requires the flight review to consist of a
minimum of 1 hour of flight training and 1 hour of ground training.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that extending the 24-calendar month
requirement of Sec.  61.56(c) by up to three calendar months will not
adversely affect safety, provided the extension applies to active
pilots and certain risk mitigations are met. The three-calendar month
extension applies to pilots who were current to act as PIC of an
aircraft in March 2020 and whose flight review was due in March 2020
through September 2020. Eligible pilots must complete the requirements
prescribed in SFAR 118 prior to serving as a PIC.\14\
---------------------------------------------------------------------------

    \14\ 85 FR 263301.
---------------------------------------------------------------------------

    The FAA notes that, for pilots whose flight review was due in March
2020, the three-month grace period is available through June 30, 2020,
and these pilots must complete the requirements in Sec.  61.56 before
acting as PIC after June 30, 2020.
c. Recent Flight Experience: Pilot in Command (Sec.  61.57)
    Section 61.57 contains the recent flight experience requirements to
serve as a PIC in an aircraft under various conditions. After reviewing
the recent flight experience requirements of this section, the FAA has
determined that only relief for instrument recency is warranted.
    Section 61.57(c) specifies the requirements to serve as a PIC under
IFR or weather conditions less than the minimums prescribed for visual
flight rules (VFR). To be current under Sec.  61.57(c),\15\ a pilot
must have performed and logged, within the six calendar months
preceding the month of the flight, six instrument approaches, holding
procedures and tasks, and intercepting and tracking courses using
navigational electronic systems.
---------------------------------------------------------------------------

    \15\ Section 61.57(c)(1) contains the requirements for
maintaining instrument experience in an airplane, powered-lift,
helicopter, or airship. Section 61.57(c)(3) contains the
requirements for maintaining instrument experience in a glider.
---------------------------------------------------------------------------

    If a pilot is unable to establish instrument recency in accordance
with Sec.  61.57(c), paragraph (d) prescribes how a pilot may
reestablish instrument recency. If a pilot does not have the required
approaches, holding, and intercepting and tracking courses in the
preceding six calendar months, the pilot has an additional six calendar
months to obtain the required experience by flying with a view-limiting
device and a safety pilot \16\ or using a training device. During this
period, the pilot may not serve as the PIC under IFR or weather
conditions less than the minimums prescribed for VFR. If the pilot
fails to meet the instrument experience requirements for more than six
calendar months, the pilot must complete an instrument proficiency
check administered by an authorized instructor, company check pilot,
designated pilot examiner, or person approved by the Administrator.\17\
---------------------------------------------------------------------------

    \16\ A safety pilot is a person who occupies a control seat in
an aircraft and maintains a visual watch when the pilot manipulating
the flight controls of the aircraft is using a view-limiting device
to simulate flight by reference to instruments. 14 CFR 91.109(c).
    \17\ Section 61.57(d)(3) contains the list of persons who may
administer an instrument proficiency check.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 outbreak, that relief for instrument recency is appropriate under
certain conditions. The FAA is extending the six-calendar month
requirement of Sec.  61.57(c)(1) by an additional three calendar
months. This will enable a pilot to continue exercising instrument
privileges, provided the pilot has performed the required tasks within
the nine calendar months preceding the month of the flight, instead of
the preceding six calendar months.
    To be eligible for the relief, a pilot will need to have some
recent experience in instrument flight. More specifically, the FAA is
requiring that the pilot have logged, in the preceding six calendar
months, three instrument approaches in actual weather conditions, or
under simulated conditions using a view-limiting device. Eligible
pilots may exercise the relief in this SFAR through September 30, 2020.
After that date, a pilot must be current in accordance with Sec.
61.57(c). If the pilot does not meet the instrument experience
requirements before September 30, 2020, the pilot retains the ability
to reestablish recency in accordance with Sec.  61.57(d). However, the
pilot will no longer have six months to reestablish instrument recency.
Instead, the number of months available for a pilot to attain the
instrument experience prior to requiring completion of the instrument
proficiency check will depend on when the person last established
instrument recency in accordance with Sec.  61.57(c).\18\
---------------------------------------------------------------------------

    \18\ For example, if the pilot performed and logged the tasks
required by Sec.  61.57(c)(1) in December 2019, that pilot may
continue exercising instrument privileges under this SFAR after June
2020, provided the pilot meets the qualification requirements. This
SFAR would allow that pilot to continue acting as PIC under IFR or
in weather conditions less than the minimums prescribed for VFR
until September 30, 2020. After September 30, 2020, that pilot would
be required to comply with Sec.  61.57(c). As previously mentioned,
Sec.  61.57(d) gives a pilot who has failed to meet the instrument
experience requirements of paragraph (c) a grace period of six
calendar months to reestablish instrument recency. A pilot who does
not reestablish instrument recency during those additional six
calendar months may reestablish instrument recency only by
completing an instrument proficiency check. Therefore, if the pilot
in this hypothetical fails to complete the tasks required by Sec.
61.57(c)(1) by September 30, 2020, that pilot would have three
calendar months (until December 31, 2020) available to attain the
instrument experience prior to requiring completion of an instrument
proficiency check.

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

d. Pilot-in-Command Proficiency Check: Operation of an Aircraft That
Requires More Than One Pilot Flight Crewmember or Is Turbojet-Powered
(Sec.  61.58)
    Section 61.58 requires a PIC proficiency check for those pilots
that fly an aircraft that requires more than one pilot or is turbojet-
powered. Paragraph (a)(1) requires a pilot to complete a PIC
proficiency check within the preceding twelve calendar months in an
aircraft that is type certificated for more than one required pilot or
is turbojet-powered. In addition, paragraph (a)(2) requires a pilot to
accomplish, within the preceding 24 calendar months, a PIC proficiency
check in the particular type of aircraft in which that person will
serve as PIC that is type-certificated for more than one required pilot
flight crewmember or is turbojet-powered.\19\ Paragraph (i) establishes
a grace month for completing the PIC proficiency check. Specifically,
it allows the check to be completed in the month prior to or the month
after the month in which the check is due.
---------------------------------------------------------------------------

    \19\ In accordance with Sec.  61.58(b), this section does not
apply to persons conducting operations under subpart K of part 91,
or part 121, 125, 133, 135, or 137. In accordance with Sec.
61.57(c), the PIC proficiency check given in accordance with subpart
K of part 91, parts 121, 125, or 135 may be used to satisfy the
requirements of this section.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that allowing two additional grace months
for completing the PIC proficiency checks required by Sec.  61.58(a)(1)
and (2) does not present a risk to aviation safety that cannot be
mitigated, as explained in SFAR 118.\20\ Eligible pilots are those
pilots who are required to complete a proficiency check in accordance
with Sec.  61.58(a)(1) and whose base month falls within the time
period of March 2020 through September 2020. In accordance with Sec.
61.58(a)(2), pilots who have not completed a proficiency check in the
aircraft they intend to fly within the preceding 24 calendar months and
whose base month falls between March 2020 and September 2020, are also
eligible for the relief in this SFAR.\21\ Pilots will have a total of
three grace months after the base month to accomplish the PIC
proficiency check required by Sec.  61.58(a)(1) and (2).\22\ A PIC
proficiency check completed during the grace period will be considered
to have been completed in the base month.
---------------------------------------------------------------------------

    \20\ 85 FR 26331-2
    \21\ If a pilot's base month is September 2020, this SFAR
extends the validity through December 30, 2020.
    \22\ This three-month grace period includes the grace month that
is already provided by Sec.  61.58(i) and the two additional grace
months provided by this SFAR.
---------------------------------------------------------------------------

    The FAA notes that, for pilots whose proficiency check was due in
March 2020, the three-month grace period is available through June 30,
2020, and these pilots must complete the requirements in Sec.  61.58
before acting as PIC after June 30, 2020.
2. Part 91, Subpart K Flight Crewmember Requirements (Sec. Sec.
91.1065, 91.1067, 91.1069, 91.1071, 91.1073, 91.1089, 91.1091, 91.1093,
91.1095, 91.1099, 91.1107)
    Part 91, subpart K, prescribes the additional rules that apply to
private, general aviation fractional ownership programs. There are
currently nine fractional ownership programs operating under part 91,
subpart K. They range in size from managers with two aircraft to
managers with over 500 airplanes and helicopters.
    The crewmember testing and checking requirements are established in
Sec. Sec.  91.1065, 91.1067, 91.1069, and 91.1071. Recurrent training
requirements for crewmembers are specified in Sec. Sec.  91.1073,
91.1099, and 91.1107. These requirements cover the following activities
and timelines for completion:
     Section 91.1065--pilot knowledge testing and competency
checking requirements (completed within the previous twelve months
before the pilot serves as a required crewmember);
     Section 91.1067--flight attendant crewmember testing
requirements (completed within the previous twelve months before
serving as a flight attendant crewmember);
     Section 91.1069(a) and (b)--instrument proficiency
checking requirements for PICs (completed within the previous six
months) and SICs (completed in previous twelve months);
     Section 91.1099--initial or recurrent training (completed
within the previous twelve months before serving as a crewmember);
     Section 91.1107--crewmember recurrent training (completed
within the previous twelve months before serving as a crewmember);
     Section 91.1069(c)--instrument approach procedure recency
(demonstrated that type of approach within previous six months);
     Section 91.1071(a)--creates a grace month that allows a
crewmember test or flight check required by subpart K to be completed
in the month before or after the month it is required; and
     Section 91.1073(b)--creates a grace month that allows
crewmember recurrent training required by subpart K to be completed in
the month before or after the month it is required.
    Subpart K of part 91 also contains instructor and check pilot
qualifications in Sec. Sec.  91.1089 through 91.1095. Sections 91.1089
and 91.1091 require check pilots and flight instructors qualified in
simulators to fly at least two flight segments as a required crewmember
for the type, class, or category of aircraft involved within the
previous twelve-month period or complete an approved line-observation
program within the period prescribed by that program. Paragraph (g) in
both sections provides a grace month stating that the flight segments
or line observations are considered complete if completed in the month
before or the month after in which they are due. Sections 91.1093 and
91.1095 require that a person who conducts checking or instruction have
satisfactorily completed an observation check within the preceding 24
months. Paragraph (b) in both sections also provides a grace month for
the checks to be completed.
    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that allowing a total of three grace months
after the base month for completing the covered training, testing, and
checking requirements for crewmembers, check pilots, and flight
instructors whose base month is in March through September 2020--many
of which already permit one grace month--does not present a risk to
aviation safety that cannot be mitigated under the conditions of SFAR
118.\23\ If a management specification holder seeks the relief provided
in this amendment, the risk mitigation plan must include reference to
crewmembers whose base month is July through September 2020, as
appropriate. This may require an amendment to a previously submitted
mitigation plan under the conditions of SFAR 118; however, persons
whose base month was March through June 2020 receive no further relief
under this portion of the final rule.
---------------------------------------------------------------------------

    \23\ 85 FR 26332-3.
---------------------------------------------------------------------------

3. Mitsubishi MU-2B Series Special Training, Experience, and Operating
Requirements (Sec. Sec.  91.1703, 91.1705, 91.1715)
    Subpart N of part 91 contains training, experience, and operating
requirements specific to the Mitsubishi MU-2B series airplane. Except
as specified in

Sec.  91.1703(b),\24\ a person may not manipulate the controls, act as
PIC, or act as SIC of a MU-2B series airplane for the purpose of flight
unless that person satisfies certain ground and flight training
requirements,\25\ including recurrent training requirements, in an FAA-
approved MU-2B training program that meets the standards of subpart N
of part 91. This requirement is contained in Sec.  91.1705(a)(1).\26\
---------------------------------------------------------------------------

    \24\ Section 91.1703(b) states that a person who does not meet
the requirements of subpart N of part 91 may manipulate the controls
of a Mitsubishi MU-2B series airplane if a PIC who meets the
requirements of subpart N of part 91 is occupying a pilot station,
no passengers or cargo are carried on board the airplane, and the
flight is being conducted for one of the reasons specified in Sec.
91.1703(b)(1) through (3).
    \25\ The requirements for ground and flight training are on
initial/transition, requalification, recurrent, and differences
training. 14 CFR 91.1705(a)(1).
    \26\ Section 91.1705(a)(2) requires the person's logbook to have
been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    In addition, Sec.  91.1705(b)(1) states that, except as specified
in Sec.  91.1703(b), a person may not manipulate the controls, act as
PIC, or act as SIC, of a MU-2B series airplane for the purpose of
flight unless that person satisfactorily completes, if applicable,
recurrent pilot training on the special emphasis items and all items
listed in the Training Course Final Phase Check in accordance with an
FAA-approved MU-2B training program that meets the standards of subpart
N of part 91.\27\
---------------------------------------------------------------------------

    \27\ Section 91.1705(b)(2) also requires the person's logbook to
have been endorsed in accordance with Sec.  91.1705(f).
---------------------------------------------------------------------------

    Section 91.1703(e) requires a person to complete recurrent training
within the preceding twelve months without the option of a grace
month.\28\ Under Sec.  91.1705(e), however, a person has one grace
month to comply with the training requirements of Sec.  91.1705(a) or
(b). Therefore, Sec.  91.1705(e) allows a person to accomplish the
recurrent training one month after the month it is due.
---------------------------------------------------------------------------

    \28\ Successful completion of initial/transition training or
requalification training within the preceding twelve months
satisfies the requirement of recurrent training. A person must
successfully complete initial/transition training or requalification
training before being eligible to receive recurrent training. 14 CFR
91.1703(e).
---------------------------------------------------------------------------

    Section 91.1715(c) stipulates that completion of a flight review to
satisfy the requirements of Sec.  61.56 is valid for operation of a
Mitsubishi MU-2B series airplane only if that flight review is
conducted in a Mitsubishi MU-2B series airplane, or an MU-2B simulator
approved for landings with an approved course conducted under part 142.
    Under the extraordinary circumstances of the COVID-19 public health
emergency, the FAA supports relief for certain experienced pilots
flying MU-2B series airplanes. This relief is not applicable to pilots
that are required to complete initial/transition or requalification
training in an MU-2B series airplane,\29\ because these pilots could
not meet the qualification requirements.
---------------------------------------------------------------------------

    \29\ See Sec.  91.1703(c) or (d).
---------------------------------------------------------------------------

    Under this SFAR, a person may obtain two additional grace months to
complete the recurrent training requirements.\30\ To be eligible for
this relief, pilots must be qualified under subpart N of part 91 and
their base month for completing the recurrent training must fall in
March through September 2020. If a pilot completes the recurrent
training requirements within the grace period provided by this SFAR,
the requirements will be considered to have been completed in the base
month. In addition, to ensure there is no adverse impact to safety, the
FAA has determined it is necessary to impose certain qualification
requirements on pilots seeking to exercise this relief. The
qualification requirements are intended to serve as risk mitigations
and are described in SFAR 118.\31\
---------------------------------------------------------------------------

    \30\ This means a person will have a total of three grace months
after the due month, because Sec.  91.1705(e) already provides one
grace month. The ``grace months'' are months after the month in
which training is due, during which the pilot is still eligible to
meet the recurrent training requirements.
    \31\ 85 FR 26333.
---------------------------------------------------------------------------

4. Aeronautical Knowledge Recency (Sec.  107.65)
    Section 107.65 requires remote pilots certificated under part 107
to establish recency of knowledge every 24 calendar months. To meet the
recency of knowledge requirement per Sec.  107.65(a) or (b), remote
pilots must pass an FAA knowledge test at a knowledge testing center.
The initial and recurrent knowledge tests required by Sec.  107.65(a)
or (b) cover the comprehensive list of knowledge areas specified in
Sec.  107.73(a) or (b), respectively. Section 107.65(c) allows remote
pilots who are also certificated under part 61 and have a current
flight review in accordance with Sec.  61.56 to complete online
training to meet aeronautical knowledge recency. The initial or
recurrent training course covers the condensed list of knowledge areas
specified in Sec.  107.74(a) or (b), respectively, because the part 61
pilot who has a current flight review has already demonstrated
knowledge of many of the topic areas tested on the UAS knowledge
test.\32\
---------------------------------------------------------------------------

    \32\ Final Rule, Operation and Certification of Small Unmanned
Aircraft Systems, 81 FR 42063, 42164 (Jun. 28 (2016).
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health
emergency, eligible remote pilots who would normally establish recency
of knowledge in accordance with Sec.  107.65(a) or (b) may complete
online training as an alternative if required to establish recency
between April 2020 and September 2020. The remote pilot may complete
the FAA-developed initial or recurrent online training courses \33\ at
www.faasafety.gov one time to establish knowledge recency for six
calendar months.\34\ As previously stated, the initial or recurrent
online training course covers a condensed list of UAS-specific
knowledge areas because it is intended for persons who hold part 61
pilot certificates and satisfy the flight review requirements of Sec.
61.56. The FAA finds that, for a limited duration of time, allowing
remote pilots to complete one of these online training courses is an
adequate alternative to passing a knowledge test. However, because
these courses do not include all the knowledge areas under Sec.
107.73(a) or (b) that a remote pilot is required to be tested on every
24 calendar months, the remote pilot will need to establish knowledge
recency in accordance with Sec.  107.65 upon conclusion of the six
calendar months. Remote pilots who qualify to establish recency of
aeronautical knowledge per Sec.  107.65(c) are not included in this
relief. Pilots who use the relief from Sec.  61.56 in this SFAR
amendment may establish recency of aeronautical knowledge per Sec.
107.65(c) and retain remote pilot privileges for 24 calendar months.
---------------------------------------------------------------------------

    \33\ ALC-451 (Part 107 Small Unmanned Aircraft Systems (small
UAS) Initial); ALC-515 (Part 107 Small Unmanned Aircraft Systems
(small UAS) Recurrent).
    \34\ On February 13, 2019, the FAA published an NPRM that, if
adopted, would update the regulations that govern part 107
operations. In the NPRM, the FAA proposed to amend Sec.  107.65(b)
to allow a remote pilot to meet the recency requirements by
completing recurrent training (rather than a recurrent knowledge
test) covering the areas of knowledge specified in Sec.  107.73. The
FAA is therefore actively engaged in rulemaking that, if adopted,
would provide the option for taking an online recurrent training
course in lieu of a UAS knowledge test to all part 107 certificate
holders. The proposed recurrent training course would cover the
comprehensive list of knowledge areas set forth in Sec.  107.73,
rather than the condensed list of knowledge areas in Sec.  107.74,
which are intended for part 61 certificate holders who satisfy the
flight review requirements specified in Sec.  61.56. NPRM, Operation
of Small Unmanned Aircraft Systems Over People, 84 FR 3856 (Feb. 13,
2019).
---------------------------------------------------------------------------

5. Part 125 Flight Crewmember Requirements (Sec. Sec.  125.285,
125.287, 125.289, 125.291, 125.293)
    Part 125 certificated operators conduct non-common carriage
operations. The FAA issues a Letter of Deviation Authority (LODA) for
various kinds of operations to include airplane

ferry, sales demonstrations, or training.\35\ These LODA-holders
conduct operations under part 91 and may hold an operating certificate
and have operations specifications (OpSpecs).\36\ The FAA also issues a
LODA to an operator that conducts only non-commercial operations (i.e.,
private use only)--specifically an A125 LODA. Holders of an A125 LODA
do not hold an operating certificate or have OpSpecs. Instead, they are
issued a letter of authorization (LOA) because the flightcrew members
operating under an A125 LODA must comply with the recency, recurrent
testing, and proficiency checking requirements of part 125.
---------------------------------------------------------------------------

    \35\ These are A510, A511, or A512 LODA holders, respectively.
    \36\ Pilots of these LODA-holders comply with the recency,
training, and checking requirements of part 61.
---------------------------------------------------------------------------

    Section 125.287 requires a pilot of a part 125 operation to have
passed a written or oral test given by the Administrator or a check
airman every 12 calendar months and pass a competency check in the type
of airplane flown in part 125 operations every 12 calendar months.\37\
Section 125.289 requires a flight attendant to complete recurrent
testing every 12 calendar months. Section 125.293(a) provides for a
grace month for crewmembers to complete testing or checking.\38\
Section 125.291(a) requires that since the beginning of the sixth
calendar month before service, the PIC of an airplane in a part 125
operation under IFR must have passed an instrument proficiency check
and the Administrator or an authorized check airman has so certified in
a letter of competency.\39\ Finally, Sec.  125.285(a) requires that
pilot flight crewmembers complete three takeoffs and landings within
the preceding 90 days in the type airplane in which that person is to
serve.
---------------------------------------------------------------------------

    \37\ This section also requires the certificate holder to use a
pilot who has passed the written or oral test and competency check
within the preceding 12 calendar months.
    \38\ If a crewmember who is required to take a test or check
under part 125, if he or she completes the test or check in the
calendar month before or after the calendar month in which it is
required, that crewmember is considered to have completed the test
or check in the calendar month in which it is required.
    \39\ The certificate holder is also required to use a PIC in an
airplane of a part 125 IFR operation who has completed the
instrument proficiency check within the preceding six calendar
months.
---------------------------------------------------------------------------

    The FAA finds, under the extraordinary circumstances of the COVID-
19 public health emergency, that allowing two additional grace months
for completing the recurrent testing, checking, and training
requirements does not present a risk to aviation safety that cannot be
mitigated. In addition, the FAA is granting an additional sixty days
for completing the three required takeoffs and landings. The
requirements of this SFAR ensure that certificate holders and A125 LODA
holders demonstrate a plan to mitigate any potential risk introduced by
extending flight crewmember qualifications.\40\ The relief applies to
requirements for currently qualified flight crewmembers only, whose
base month is March through September 2020. It does not apply to
requirements for the training and qualification of new personnel. To
utilize the relief provided by this SFAR, the certificate holder or
A125 LODA holder must provide an acceptable risk mitigation plan as
described in SFAR 118.\41\ If a certificate holder or A125 LODA holder
seeks the relief provided in this amendment, the mitigation plan must
include reference to crewmembers whose base month is July through
September 2020, as appropriate. This may require an amendment to a
previously submitted mitigation plan under the conditions of SFAR 118;
however, persons whose base month was March through June 2020 receive
no further relief under this portion of the final rule.
---------------------------------------------------------------------------

    \40\ Pilots of other LODA-holders would comply with the
applicable relief to part 61 training, recency, testing, and
checking requirements.
    \41\ 85 FR 26334.
---------------------------------------------------------------------------

6. Robinson R-22/R-44 Special Training and Experience Requirements
(SFAR 73)
    SFAR 73 established special training and experience requirements
for pilots operating the Robinson model R-22 or R-44 helicopters to
maintain safe operation of these helicopters.
    To act as PIC of a Robinson R-22 or R-44 helicopter, SFAR 73
requires the person to complete the flight review required under Sec.
61.56 in an R-22 or R-44 helicopter, as appropriate to the PIC
privileges sought, if the person has at least 200 flight hours in
helicopters of which at least 50 flight hours are in the applicable
Robinson model helicopter for which the person has PIC privileges.\42\
Otherwise, it requires the person to comply with the endorsement
requirements of SFAR 73.\43\
---------------------------------------------------------------------------

    \42\ An R-44 PIC may credit up to 25 hours of R-22 PIC time
towards the 50 hours of PIC time required in the R-44.
    \43\ See 14 CFR part 61, SFAR 73, section 2, paragraph (b)(1) or
(2) Aeronautical Experience.
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health
emergency, the FAA has determined that the PIC of an R-22 or R-44 is
compliant with SFAR 73 if the person meets the recency requirements of
Sec.  61.56 established in this SFAR in an R-22 or R-44, or both, as
appropriate. This relief is limited to Robinson pilots that have at
least 200 hours in helicopters of which at least 50 hours are in the
applicable Robinson model helicopter for which the person has PIC
privileges. Low-time Robinson pilots that are required to complete a
flight review every twelve calendar months in accordance with SFAR 73
must continue to comply with that SFAR.
    For the relief in this SFAR, the flight review must include SFAR 73
awareness training subjects in paragraph 2(a)(3) and the flight
training subjects in paragraph 2(b). R-22 or R-44 pilots whose flight
review is due in March through September 2020 may extend an additional
three calendar months, provided the pilots meet the requirements
prescribed in SFAR 118.\44\
---------------------------------------------------------------------------

    \44\ 85 FR 26335.
---------------------------------------------------------------------------

B. Relief From Certain Duration and Renewal Requirements

    Maintaining the continuity of operations through the relief in
section A of this document is important to ensure the stability of
essential functions of the U.S. transportation system. The FAA also
finds that it is appropriate to provide relief for additional persons
for certain duration and renewal requirements because the COVID-19
public health emergency has continued to make compliance difficult.
Without extending this short-term relief, some certificate holders will
not have the flexibility necessary to schedule testing events or
medical exams due to the backlog of required events and the
availability of FAA examiners and designees.
    The relief discussed more fully in the following sections responds
to continued disruptions that have prevented certificate holders from
seeking timely renewals of certificates or from completing certain
testing activity before expiration dates have passed. Because
disruptions have continued as activities begin to resume, the FAA is
providing the relief for periods of time deemed necessary to alleviate
the burden. The FAA has determined, under the extraordinary
circumstances of the COVID-19 public health emergency, that this relief
will not adversely affect safety because it is narrowly focused on a
small segment of the regulated community, it will be in effect for a
short duration, and the regulations will provide safeguards to ensure
an appropriate level of safety is maintained.

1. Part 61
    The FAA is granting temporary regulatory relief from the validity
dates for medical certificates. This relief is further described in
B.1.a and B.2.a. The FAA also recognizes that the inability to complete
a practical test at this time may still be outside the applicant's
control due to the limited number of practical tests currently being
conducted. As a result, the FAA is providing relief to extend the
knowledge test validity period as described in B.1.b.
a. Medical Certificates: Requirement and Duration (Sec. Sec.  61.2,
61.23)
    Section 61.2(a)(5) states that no person may exercise privileges of
a medical certificate issued under 14 CFR part 67 if the medical
certificate is expired according to the duration standards set forth in
Sec.  61.23(d). Section 61.23(d) states that the duration of a medical
certificate depends on the age of the person on the date of the medical
examination, the duty position in which the person is serving, the type
of operation the person is conducting, and the class of certificate.
    On April 1, 2020, the FAA published an Enforcement Policy for
Expired Airman Medical Certificates in the Federal Register (85 FR
18110) notifying the public that the Agency would not take legal
enforcement action against any person serving as a required pilot
flight crewmember or flight engineer based on noncompliance with
medical certificate duration standards. The policy was limited to
specified certificate expiration dates and to operations within U.S.
airspace. The FAA also granted two exemptions relating to the duration
of medical certificates, No. 18516 (Regulatory Docket No. FAA-2020-
0318) and No. 18515 (Regulatory Docket No. FAA-2020-0317) limited to
operations outside U.S. airspace conducted by certain 14 CFR part 119
certificate holders. The FAA incorporated the relief granted in those
exemptions into SFAR 118 and expanded it to all pilots to encompass all
operations subject to Sec. Sec.  61.2, 61.23, and 63.3.\45\
---------------------------------------------------------------------------

    \45\ Because the medical certification requirement for flight
engineers falls under part 63, rather than part 61, the SFAR relief
pertaining to Sec.  63.3 is addressed in Section B.2 of this
preamble.
---------------------------------------------------------------------------

    Under the extraordinary circumstances of the COVID-19 public health
emergency, the FAA has determined that even as some routine activity is
resuming and aviation medical examiners are beginning to see patients
for aviation medical examinations, further relief is necessary for a
short period of time. In SFAR 118, the FAA extended to June 30, 2020,
the validity period of all medical certificates due to expire in March
through May 2020. This relief was helpful to many pilots; however, the
relief granted some pilots a three-month extension, some pilots a two-
month extension, and some pilots a one-month extension. This approach
has resulted in four groups of airmen with medical certificates set to
expire on the same day. To provide relief to those airmen who continue
to be affected by restrictions and recommendations implementing phased
reopening, and allow for flexibility in scheduling the medical exams,
the FAA is amending the relief in SFAR 118. The FAA has determined that
pilots may operate with a medical certificate that has been extended no
more than 3 calendar months for a limited time without creating a risk
to aviation safety that is unacceptable under the extraordinary
circumstances surrounding the COVID-19 public health emergency. For the
reasons cited, this final rule revises SFAR 118 to extend the validity
period of medical certificates that expire in April through September
2020 to 3 calendar months beyond the original expiration.\46\
Accordingly, those pilots who obtained only a one- or two-month
extension under the original SFAR will be granted additional relief not
to exceed an extension of three months total. Those pilots who hold
medical certificates that would have expired in March 2020 obtain no
additional relief under this SFAR, and they must obtain a new medical
certificate to continue operating after June 30, 2020. Pilots who hold
medical certificates that expire in July, August, and September will
have a full three-month extension.
---------------------------------------------------------------------------

    \46\ A medical certificate that was to expire in May 2020 has
been extended by three calendar months and is now valid until August
31, 2020. Likewise, a medical certificate that expires in September
2020 is now valid until December 31, 2020.
---------------------------------------------------------------------------

    The FAA notes that the provisions of this SFAR do not extend to the
requirements of Sec.  61.53 regarding prohibition on operations during
medical deficiency. These prohibitions remain critical for all pilots
to observe, especially given the policy of emergency accommodation
announced here and the health threat of COVID-19. Accordingly, the FAA
emphasizes that under Sec.  61.53, no person who holds a medical
certificate issued under 14 CFR part 67 may act as a required pilot
flight crewmember while that person:

    (1) Knows or has reason to know of any medical condition that
would make the person unable to meet the requirements for the
medical certificate necessary for the pilot operation; or
    (2) Is taking medication or receiving other treatment for a
medical condition that results in the person being unable to meet
the requirements for the medical certificate necessary for the pilot
operation.
b. Prerequisites for Practical Tests (Sec.  61.39)
    Section 61.39 establishes the eligibility requirements for an
applicant seeking to take a practical test for a certificate or rating
issued under part 61. Among these requirements, an applicant must have
passed the required FAA knowledge test within a specified period.
Except for the multiengine airplane airline transport pilot (ATP)
certificate, FAA knowledge tests are valid for 24 calendar months.\47\
The multiengine airplane ATP knowledge test is valid for 60 calendar
months.\48\
---------------------------------------------------------------------------

    \47\ Section 61.39(a)(1)(i) requires the applicant to have
passed the required knowledge test within the 24-calendar month
period preceding the month the applicant completes the practical
test, if a knowledge test is required.
    \48\ Section 61.39(a)(1)(ii) requires the applicant to pass the
required knowledge test within the sixty-calendar month period
preceding the month the applicant completes the practical test for
those applicants who complete the ATP certification training program
in Sec.  61.156 and pass the knowledge test for an ATP certificate
with a multiengine class rating after July 31, 2014.
---------------------------------------------------------------------------

    Because of the COVID-19 public health emergency, an applicant may
not have been able to complete a practical test, as planned, prior to
the expiration of his or her knowledge test. Applicants continue to
have trouble scheduling practical tests. A majority of FAA examiners
and designees have not yet resumed practical testing activities. Given
the extended period where there were no practical tests being taken,
there is a backlog of testing that needs to occur.
    If an applicant's knowledge test expires before he or she can
complete the practical test, that applicant is required to pass another
knowledge test prior to completing the practical test. It costs a
person $96-$160 per test,\49\ depending upon the testing location, to
take an FAA knowledge test. Therefore, requiring a person whose
knowledge test result expired during the COVID-19 public health
emergency to take another knowledge test would result in an additional
economic burden on the applicant.
---------------------------------------------------------------------------

    \49\ FAA Regulatory Support Division provided knowledge test
cost information on April 14, 2020.
---------------------------------------------------------------------------

    The FAA has determined, under the extraordinary circumstances of
the COVID-19 public health emergency, that it is necessary to amend the
regulatory relief originally provided in SFAR 118 to add the specific
class of

individuals who have knowledge tests expiring between July 2020 and
September 2020. To ensure these individuals are not penalized by having
to take another knowledge test, the FAA is extending the validity of
knowledge tests by a duration of three calendar months. Therefore, this
SFAR will allow an individual who has a knowledge test expiring between
March 2020 and September 2020 to present the expired knowledge test to
show eligibility under Sec.  61.39(a)(1) to take a practical test for a
certificate or rating issued under part 61 for an additional three
calendar months.\50\
---------------------------------------------------------------------------

    \50\ Except for a multiengine ATP knowledge test, a knowledge
test taken for a pilot certificate or rating in May 2018 would
expire in May 2020. With the relief in this SFAR, the passing
knowledge test results are valid until August 2020.
---------------------------------------------------------------------------

    In addition to passing a knowledge test, the eligibility
requirements for taking a practical test require an applicant to
satisfactorily accomplish the required training and obtain the
aeronautical experience required for the certificate or rating
sought.\51\ The regulations also require the applicant to have received
flight training from an authorized instructor in preparation for the
practical test within the two months preceding the month of the
test.\52\ The authorized instructor must endorse the applicant's
logbook or training record certifying that the applicant has received
and logged this training and is prepared for the required practical
test.\53\ While this amended SFAR will allow certain individuals to use
an expired knowledge test, the other requirements in part 61 will
ensure the individual is prepared for the practical test, and the
evaluator administering the practical test will have the opportunity to
determine whether the person is qualified to hold the certificate.\54\
Under the extraordinary circumstances of the COVID-19 public health
emergency, and because the relief applies to a specific group of
individuals and is limited in duration, the FAA has determined that
these regulatory requirements will provide sufficient assurance that
there will be no adverse impact to safety.
---------------------------------------------------------------------------

    \51\ 14 CFR 61.39(a)(3).
    \52\ 14 CFR 61.39(a)(6)(i), 61.99, 61.109, 61.129, 61.313.
    \53\ 14 CFR 61.39(a)(6).
    \54\ The regulations require the applicant to pass the practical
test on the areas of operation required for the certificate or
rating sought. 14 CFR 61.96(b)(7), 61.103(h), 61.123(g), 61.153(h),
61.165(e)(4) and (f)(5), 61.183(h), 61.307(b), 61.405(b)(2).
---------------------------------------------------------------------------

2. Part 63
    As previously described, the FAA is amending the temporary relief
from the expiration of medical certificates to provide additional time
for airmen to accomplish medical examinations and obtain new medical
certificates. Similarly, medical relief for flight engineers is
necessary as described in B.2.a. Extending knowledge test passing
results for flight engineers is also necessary and explained in B.2.b.
a. Certificates and Ratings Required (Sec.  63.3)
    Section 63.3(b) states that a person may act as a flight engineer
of an aircraft only if that person holds a current second-class medical
certificate issued to that person under part 67. For the reason
previously stated in section B.1.a and subject to the same conditions
and limitations, the FAA has determined that flight engineers may
operate with a medical certificate that has had its validity period
extended for a period not to exceed three calendar months without
creating a risk to aviation safety that is unacceptable under the
extraordinary circumstances surrounding the COVID-19 public health
emergency. Accordingly, the FAA is amending SFAR 118 and extending the
validity period for medical certificates that expire in March 2020
through September 2020 by three calendar months.
    Consistent with the relief to pilots explained in section B.1.a,
flight engineers who obtained only a one- or two-month extension under
the original SFAR will be granted additional relief not to exceed an
extension of three months total. Those flight engineers who hold
medical certificates that would have expired in March 2020 obtain no
additional relief under this SFAR amendment, and they must obtain a new
medical certificate to continue operating after June 30, 2020. Flight
engineers who hold medical certificates that expire in July, August,
and September will have a full three-month extension.
    The FAA notes that the provisions of this SFAR do not extend to the
requirements of Sec.  63.19 regarding prohibition on operations during
physical deficiency. These prohibitions remain critical for all flight
engineers to observe, especially given the policy of emergency
accommodation announced here and the health threat of COVID-19.
Accordingly, the FAA emphasizes that under Sec.  63.19, no person who
holds a medical certificate issued under 14 CFR part 67 may serve as a
flight engineer during a period of known physical deficiency, or
increase in physical deficiency, that would make him or her unable to
meet the physical requirements for his or her current medical
certificate.
b. Flight Engineer Knowledge Requirements (Sec.  63.35)
    Section 63.35 establishes the knowledge requirements for a person
seeking a flight engineer certificate. Paragraph (d) states the
applicant for a flight engineer certificate or rating must have passed
the written tests required by paragraphs (a) and (b) since the
beginning of the 24th calendar month before the month in which the
flight is taken.\55\
---------------------------------------------------------------------------

    \55\ Exceptions to the 24-calendar month limitation are
prescribed in paragraphs (d)(1) for applicants employed as a flight
crewmember or mechanic by an air carrier; or (d)(2) for applicants
that participated in a military flight engineer or maintenance
program.
---------------------------------------------------------------------------

    For the reasons discussed in section B.1.b of this preamble and
subject to the same condition and limitations, the FAA is also amending
the relief in SFAR 118 to expand it to include persons seeking a flight
engineer certificate under part 63 who have written tests expiring
between July 2020 and September 2020. Consistent with the relief
provided to pilot applicants under part 61, the FAA is extending the
validity of written tests under part 63 for a duration of three
calendar months. The FAA finds, under the extraordinary circumstances
of the COVID-19 public health emergency, that this relief will not
adversely affect safety because it is narrowly focused on a small
segment of the regulated community, it will be in effect for a short
period of time, and the regulations will provide adequate safeguards to
ensure an appropriate level of safety is maintained.
3. Part 65
    As described for pilots and flight engineers, extending knowledge
test and written test results for aircraft dispatchers and mechanics,
respectively, is also warranted and further described in B.3.a. and
B.3.b. The FAA finds, under the extraordinary circumstances of the
COVID-19 public health emergency, that the relief provided to part 65
airmen will not adversely affect safety because it is narrowly focused
on a small segment of the regulated community, it will be in effect for
a short period of time, and the existing regulations will provide
adequate safeguards to ensure an appropriate level of safety is
maintained.
a. Dispatcher Knowledge Requirements (Sec.  65.55)
    Section 65.55 establishes the knowledge requirements for a person

seeking an aircraft dispatcher certificate. Paragraph (b) requires the
applicant for an aircraft dispatcher certificate to present passing
knowledge test results within the preceding 24 calendar months.
    For the reasons discussed in section B.1.b and subject to the same
conditions and limitations, the FAA, under the extraordinary
circumstances of the COVID-19 public health emergency, is also amending
the relief in SFAR 118 to extend it to persons seeking an aircraft
dispatcher certificate under part 65 who have knowledge tests expiring
between July 2020 and September 2020. Therefore, consistent with the
relief provided to pilot applicants under part 61 and flight engineer
applicants under part 63, the FAA is extending the validity of
knowledge tests under Sec.  65.55 for a duration of three calendar
months. Accordingly, an individual who has a knowledge test expiring
between March 2020 and September 2020 may present the expired knowledge
test to show eligibility under Sec.  65.55 to take a practical test for
an aircraft dispatcher certificate for a period of three calendar
months.
b. Eligibility Requirements: General (Sec.  65.71)
    Section 65.71 establishes the eligibility requirements for a
mechanic certificate and associated ratings. Paragraph (a)(3) requires
an applicant to have passed all the prescribed tests within a period of
24 months from the initiation of testing. Testing for a FAA mechanic
certificate includes three tests, which are the written, oral, and
practical.\56\ Section 65.75 establishes the knowledge requirements,
including the requirement to pass a written test. Section 65.79
contains the skill requirements, including the requirement to pass an
oral and practical test. In addition, Sec.  65.71(b) requires a
certificated mechanic who applies for an additional rating to meet the
experience requirements of Sec.  65.77 and, within a period of 24
months, pass the written test required by Sec.  65.75 and the oral and
practical tests required by Sec.  65.79 for the additional rating
sought.
---------------------------------------------------------------------------

    \56\ Under part 65, subpart D, the FAA may issue an airframe or
powerplant rating. 14 CFR 65.73.
---------------------------------------------------------------------------

    For the reasons discussed in section B.1.b of this preamble, the
FAA, under the extraordinary circumstances of the COVID-19 public
health emergency, is also amending SFAR 118 and extending the relief to
persons seeking a mechanic certificate or rating issued under part 65
who have testing periods expiring between July 2020 and September 2020.
Therefore, consistent with the relief provided under parts 61 and 63,
the FAA is extending the validity of the testing period under Sec.
65.71 for a duration of three months. Accordingly, an individual who
has a testing period expiring in March through September 2020 may show
eligibility under Sec.  65.71 to take a practical test for a mechanic
certificate or rating provided the testing period does not exceed 27
months.\57\
---------------------------------------------------------------------------

    \57\ If a testing period was to expire on April 30, 2020, this
SFAR extends the testing period to July 31, 2020.
---------------------------------------------------------------------------

IV. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several analyses.
First, Executive Orders 12866 and 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. In
addition, DOT rulemaking procedures in 49 CFR part 5 instruct DOT
agencies to issue a regulation upon a reasoned determination that
benefits exceed costs. Second, the Regulatory Flexibility Act of 1980
(Pub. L. 96-354), as codified in 5 U.S.C. 603 et seq., requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
codified in 19 U.S.C. chapter 13, prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, the Trade Agreements
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), as codified in 2
U.S.C. chapter 25, 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). The FAA also analyzes this regulation under the
Paperwork Reduction Act. This portion of the preamble summarizes the
FAA's analysis of the economic impacts of this final rule.
    In conducting these analyses, the FAA has determined this rule is
not a significant regulatory action, as defined in section 3(f) of
Executive Order 12866 and under DOT rulemaking procedures. As notice
and comment under 5 U.S.C. 553 are not required for this final rule,
the regulatory flexibility analyses described in 5 U.S.C. 603 and 604
regarding impacts on small entities are not required. This rule will
not create unnecessary obstacles to the foreign commerce of the United
States. This rule will not impose an unfunded mandate on State, local,
or tribal governments, or on the private sector, by exceeding the
threshold identified previously. To take advantage of the relief from
this SFAR, this rule will result in a one-time collection of
information for affected operators and pilot schools to submit plans to
mitigate safety risks and ensure proficiencies.

A. Regulatory Evaluation

i. Safety and Regulatory Relief Benefits
    The provisions in this final rule amend the regulatory relief
originally provided in SFAR 118. The amended relief applies to new
persons who may have challenges complying with certain training, recent
experience, testing, and checking requirements. Without the relief in
this SFAR, beginning July 1, 2020, and with each month thereafter, a
new group of pilots will become unavailable to perform critical
operations due to an inability to comply with regulatory requirements.
This relief allows affected operators to continue to use pilots and
other crewmembers in support of essential operations during this
extended period. In addition, this rule provides regulatory relief to
persons unable to meet duration and renewal requirements due to the
public health emergency.
    The regulatory relief in this amendment will enable the continuity
of aviation operations that are critical during the COVID-19 public
health emergency and recovery, including operations that support
essential services and flights that support response efforts. In
addition, this rule contains regulatory relief for persons who are
unable to satisfy certain requirements, to prevent those persons from
enduring unnecessary economic burdens due to circumstances related to
the public health emergency that are outside of their control. This
rule also provides additional flexibility for scheduling training and
qualification activities as the U.S. transitions from safer-at-home
advisories to various phases of reopening.
    In addition, this relief applies to some operations conducted by
pilots exercising private pilot privileges, provided the pilot has at
least 500 hours of total time as a pilot of which 400 hours is as PIC
with 50 of the PIC hours accrued in the last twelve calendar months. As
previously discussed, the kinds of operations permitted include, but
are not limited to, flights to

transport essential goods and/or medical supplies to support public
health needs. This rule also extends to pilots conducting charitable
medical flights for a volunteer pilot organization pursuant to an
exemption issued under part 11, provided the pilots continue to comply
with the conditions and limitations of the exemption.
    In addition to pilots, this rule provides temporary relief to other
persons such as flight attendant crewmembers, aircraft dispatchers,
flight engineers, mechanics, and instructors. This relief extends to
flight attendant crewmembers, check pilots, and flight instructors
under subpart K of part 91, and part 125. Finally, this relief applies
to operations conducted under part 107 by a person who holds a remote
pilot certificate issued under part 107.
ii. Costs To Utilize Relief
    This rule will result in small costs for affected operators to
notify the FAA and submit plans to mitigate safety risks and ensure
proficiencies. To take advantage of the extended relief provided by
this rule, an affected certificate holder or A125 LODA holder will be
required to submit a new or revised mitigation plan to its assigned FAA
principal operations inspector. The plan will contain a safety analysis
and corresponding risk mitigations and methods to ensure that each
crewmember remains adequately tested and currently proficient for each
aircraft, duty position, and type of operation in which the person
serves. Similarly, part 91 management specifications holders must also
conduct a safety analysis and provide appropriate mitigations in a plan
to their FAA principal inspector that addresses potential risks
introduced by extending crewmember, check pilot, and flight instructor
qualifications, training, and checking. The plan must ensure
crewmembers remain adequately trained and currently proficient for each
aircraft, crewmember position, and type of operation in which the
crewmember serves.
    The FAA expects these plans to contain existing information
maintained by affected operators. The FAA does not expect these plans
to be burdensome.
    Therefore, the FAA expects the benefits of this action exceed the
costs since it provides additional relief to enable operators to
continue to use pilots and other crewmembers in support of essential
operations. As a result, this rule will reduce disruption to the
continuity of essential services in response to the COVID-19 public
health emergency. This rule also provides extended relief from certain
duration and renewal requirements to reduce unnecessary risk of
exposure and to assure persons that they will not endure economic
burdens due to non-compliance with certain regulations.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553, or any other law, to publish a general notice of proposed
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an
agency to prepare a final regulatory flexibility analysis when an
agency issues a final rule under 5 U.S.C. 553, after being required by
that section or any other law to publish a general notice of proposed
rulemaking. The FAA found good cause to forgo notice and comment and
any delay in the effective date for this rule. As notice and comment
under 5 U.S.C. 553 are not required in this situation, the regulatory
flexibility analyses described in 5 U.S.C. 603 and 604 are not
required.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to this Act, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this final rule and
determined that its purpose has a legitimate domestic objective to
promote the continuity and safety of U.S. civil aviation from risks of
the COVID-19 public health emergency while supporting essential
services necessary to fight the public health emergency. Therefore, the
FAA has determined this final rule complies with the Trade Agreements
Act of 1979.

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

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.
    As previously discussed, to utilize the temporary relief provided
by this SFAR amendment, an affected certificate holder or a part 125
LODA holder must provide a plan to its assigned FAA principal
operations inspector. The plan is to contain a safety analysis and
corresponding risk mitigations and methods to ensure that each
crewmember remains adequately tested and currently proficient for each
aircraft, duty position, and type of operation in which the person
serves.
    While SFAR 118 provided relief in the form of a grace period for
those entities whose base month for completing the recurrent testing,
checking, and training requirements was March, April, May, or June
2020, this final rule extends the grace period to those whose base
month falls in July 2020 through September 2020. A part 125 certificate
holder or A125 LODA holder will, therefore, be required to submit a new
or revised mitigation plan to take advantage of the relief provided in
this amendment.
    In SFAR 118, the FAA estimated that of the 69 part 125 certificate
holders and A125 LODA holders, all would avail themselves of the relief
provided by SFAR 118, and therefore would be required to provide
mitigation plans to their assigned principal operations inspector. For
this final rule, the FAA estimates that those same 69 part 125
certificate holders and A125 LODA holders will avail themselves of the
extended grace period for those entities whose base month falls in
July, August, and September 2020 and will submit new or revised
mitigation plans. The FAA continues to estimate that each respondent
would spend two hours preparing and submitting its plan, for a total of
138 hours. The FAA believes the additional paperwork burden would be
borne by the director of operations. At $51 per hour multiplied by 138
total hours, the FAA estimates the total

burden to part 125 certificate holders and A125 LODA holders for this
amendment to be $7,038.\58\ Therefore, the total burden of this
collection is estimated to be $14,076.\59\
---------------------------------------------------------------------------

    \58\ The FAA is using the BLS wage rate for commercial pilots of
$39.54 per hour (https://www.bls.gov/ooh/transportation-and-material-moving/airline-and-commercial-pilots.htm) ($82,240/2080
hours = $39.54) multiplied by a fringe benefit multiplier of 29.9
percent (https://www.bls.gov/news.release/ecec.nr0.htm) which
results in an hourly wage of $51.
    \59\ The burden for the original plan submission from SFAR 118
was $7,038. That is added to the amendment burden for new or revised
plan submissions of $7,038 for a total of $14,076.
---------------------------------------------------------------------------

    The FAA estimates that it would require an Aviation Safety
Inspector (ASI) one hour to review and analyze a plan submitted by a
part 125 certificate holder or A125 LODA holder. With 69 part 125
certificate holders or A125 LODA holders estimated to have submitted a
plan to take advantage of the relief in SFAR 118 and the same 69 part
125 certificate holders and A125 LODA holders expected to submit a new
or revised plan for this amendment, the total number of plans for
review by an ASI is 138. The total number of plans to review multiplied
by the hourly wage of a GS-13 FAA ASI results in an estimated burden to
the FAA of $13,720 (138 responses x 1 hour x $99.42 = $13,720).\60\
---------------------------------------------------------------------------

    \60\ The FAA assumes a mid-grade GS-13 salary, Rest of USA
locality. Annual salary is $103,396 (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2020/RUS.pdf) divided by 2,080 hours for an hourly rate of $49.70. The
FAA uses a fringe benefits and overhead cost, for FAA employees, of
100%, which results in a fully loaded wage of $99.42 per hour. The
U.S. Department of Health and Human Services, ``Guidelines for
Regulatory Impact Analysis'' (2016), on page 30, HHS states, ``As an
interim default, while HHS conducts more research, analysts should
assume overhead costs (including benefits) are equal to 100 percent
of pretax wages . . .'' (https://aspe.hhs.gov/system/files/pdf/242926/HHS_RIAGuidance.pdf).
---------------------------------------------------------------------------

    As provided under 5 CFR 1320.13, Emergency Processing, and the
Paperwork Reduction Act and its implementing regulations, DOT is
requesting emergency processing to amend the temporary collection of
information previously approved under emergency processing with the
original SFAR (OMB 2120-0788). DOT cannot reasonably comply with normal
clearance procedures because the information is necessary to provide
temporary relief to persons who have been unable to meet certain
requirements during the COVID-19 public health emergency. Without this
information, certain individuals will not be able to continue
exercising privileges in support of essential operations due to their
inability to satisfy certain training, recent experience, testing, and
checking requirements. In addition, other individuals may--to the
extent possible given closures--attempt to satisfy requirements
contrary to the national social distancing guidelines solely to avoid
economic burdens resulting from non-compliance with FAA regulations.
The use of normal clearance procedures will result in increased
economic burden, disruption to critical aviation operations, and
increased risk of exposure during this public health emergency. Due to
the pressing considerations associated with the COVID-19 public health
emergency, it is not practicable to afford ninety days of public
comment on this collection of information. Therefore, FAA is requesting
OMB approval of this temporary collection of information upon the date
that this SFAR is placed on public inspection at the Federal Register.
Upon OMB approval of its Emergency clearance request, FAA will follow
the normal clearance procedures for the information collection
associated with this SFAR.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices (SARPs) to the maximum extent practicable. On
April 3, 2020, ICAO issued a State Letter (AN 11/55-20/50) to address
operational measures States are taking to ensure safe operations during
the COVID-19 public health emergency. ICAO recognized the varying needs
of the States to provide relief and encouraged States to be flexible in
their approaches for relief while also adhering to their obligations
under the Convention on International Civil Aviation. During this
period of relief, ICAO is paying particular attention to the SARPs
related to certificates and licenses. ICAO has established a process
for States to file temporary differences through a COVID-19
Contingency-Related Differences (CCRDs) sub-system, which is accessible
through ICAO's Continuous Monitoring Approach (CMA) Online Framework of
Electronic Filing of Differences (EFOD) dashboard that States use
normally to file differences related to the Annexes. When States are
submitting their differences, ICAO is requiring the State also to
indicate whether it will recognize the differences of other States. FAA
has already filed temporary differences with some of the relief it has
given through exemptions under 14 CFR part 11 and has indicated it will
recognize other States' differences unless the FAA deems safety is
being compromised. ICAO tentatively plans to maintain the CCRD sub-
system through March 31, 2021.
    The FAA has reviewed the corresponding ICAO SARPs and has
identified the following differences with these proposed regulations.
In Annex 1, section <IP_ADDRESS>.1, a medical assessment can be extended at
the FAA's discretion up to 45 days. With this final rule, the FAA is
extending the validity by three calendar months for pilots with
expiring medicals between April 2020 and September 2020. As a result,
the FAA will update the temporary difference filed with ICAO.
    In Annex 6, Part 2, Section <IP_ADDRESS>, a PIC is required to have made
three takeoffs and landings within the preceding ninety days on the
same type of airplane or in a flight simulator prior to serving as a
PIC in that airplane. With this final rule, the FAA is extending the
look-back period by sixty days for PICs conducting operations under
part 91, subpart N, and part 125 operations. As a result, the FAA will
update the temporary difference filed with ICAO.
    In Annex 6, Part 2, Section <IP_ADDRESS>, an SIC is required to have
made three takeoffs and landings within the preceding ninety days on
the same type of airplane or in a flight simulator prior to serving as
a SIC in that airplane. With this final rule, the FAA is extending the
look-back period by sixty days for SICs conducting operations under
part 91, subpart N, and part 125 operations. As a result, the FAA will
update the temporary difference filed with ICAO.
    Apart from this SFAR's application within the United States,
certificate holders or operators may dispatch or release flights, and
pilots and crewmembers may operate outside of the United States under
this SFAR, unless otherwise prohibited by a foreign country. For
international operations where pilots and crewmembers will exercise the
relief identified here, they must have access to this SFAR when outside
the United States. In accordance with the Convention on International
Civil Aviation (Chicago Convention), and its Annexes, pilots and
crewmembers must present a copy of this SFAR for inspection upon
request by a foreign civil aviation authority.

V. Executive Order Determinations

A. Executive Order 12114, Environmental Effects Abroad of Major Federal
Actions

    The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions (44 FR 1957,
January 4,

1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 12114
requires the FAA to be informed of environmental considerations and
take those considerations into account when making decisions on major
Federal actions that could have environmental impacts anywhere beyond
the borders of the United States. Like SFAR 118, the FAA has determined
that this action is exempt pursuant to Section 2-5(a)(i) of Executive
Order 12114 because it does not have the potential for a significant
effect on the environment outside the United States.
    In accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8-6(c), the FAA has prepared a
memorandum for the record stating the reason(s) for this determination
and has placed it in the docket for SFAR 118 (the same docket for this
rulemaking). The FAA reviewed the memorandum it added to the docket to
support SFAR 118 and finds the determination applies to this rule
unchanged.

B. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.

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

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the Executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

D. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. As described in
Section IV. F., International Compatibility, the FAA is working with
ICAO and other foreign Civil Aviation Authorities (CAAs) on the kind of
relief provided by this SFAR. The FAA has analyzed this action under
the policies and agency responsibilities of Executive Order 13609, and
has determined that this action would have no effect on international
regulatory cooperation. The provisions in this final rule provide
temporary relief to persons who are unable to meet certain requirements
during the COVID-19 public health emergency and prevents persons from
encountering situations that would unnecessarily increase the risk of
transmission of the virus through personal contact.

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

    This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.

VI. How To Obtain Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the internet --
    1. Search the Federal eRulemaking Portal (https://www.regulations.gov/);
    2. Visit the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's web page at https://www.govinfo.gov/.
    Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures, Teachers.

14 CFR Part 63

    Aircraft, Airman, Aviation safety, Navigation (air), Reporting and
recordkeeping requirements, Security measures.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Aviation
safety, Reporting and recordkeeping requirements, Security measures.

14 CFR Part 91

    Air carrier, Air taxis, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Charter flights, Freight, Reporting and
recordkeeping requirements, Transportation.

14 CFR Part 107

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures, Signs and symbols.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.

The Amendment

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

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES

0
1. The authority citation for part 21 continues to read as follows:

    Authority:  42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105,
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.

0
2. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part
21 and add, in its place, SFAR No. 118-1 to part 21 to read as follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain
Persons During the National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Public Health Emergency

    For the text of SFAR No. 118-1, see part 61 of this chapter.

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

0
3. The authority citation for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).

0
4. Remove Special Federal Aviation Regulation (SFAR) No. 118 from part
61 and add, in its place, SFAR No. 118-1 to part 61 to read as follows:

Special Federal Aviation Regulation No. 118-1--Relief for Certain
Persons During the National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Public Health Emergency

    1. Applicability. This Special Federal Aviation Regulation (SFAR)
applies to--
    (a) Certain persons who are unable to meet the following
requirements during some period between March 1, 2020 and September 30,
2020--
    (1) Training, recency, testing and checking requirements specified
in parts 61, 91, 107, and 125 of this chapter, and SFAR No. 73 of this
part; and
    (2) Duration and renewal requirements specified in parts 61, 63,
65, and 141 of this chapter, and SFAR No. 100-2 of this part; and
    (b) Certain air carriers and operators who are unable to obtain
special flight permits with a continuing authorization under part 21 of
this chapter for the purpose of flying the aircraft to a point of
storage.
    2. Training, recency, testing, and checking requirements.
    (a) Applicability. The relief provided by paragraph 2 of this SFAR
applies to--
    (1) Operations conducted for compensation or hire under parts 91,
125, 133, and 137 of this chapter by persons who are exercising the
privileges of at least a commercial pilot certificate issued under this
part;
    (2) Operations conducted by persons who are exercising the
privileges of a private pilot certificate issued this part, provided
the person meets one of the following paragraphs--
    (i) The person is conducting a charitable medical flight for a
volunteer pilot organization pursuant to an exemption issued under part
11 of this chapter, and the flight involves only the carriage of
persons considered essential for the flight;
    (ii) The person is conducting an agricultural aircraft operation
under a private agricultural aircraft operating certificate issued in
accordance with Sec.  137.19 of this chapter;
    (iii) The person has at least 500 hours of total time as a pilot,
that includes at least 400 hours as a pilot in command and at least 50
hours that were accrued within the preceding 12 calendar months, and
the person is conducting one of the following operations consistent
with the compensation or hire exceptions specified in Sec.  61.113:
    (A) A flight incidental to that person's business or employment;
    (B) A flight in support of family medical needs or to transport
essential goods for personal use;
    (C) A flight necessary to fly an aircraft to a location in order to
meet a requirement of this chapter; or
    (D) A flight to transport essential goods and medical supplies to
support public health needs;
    (3) For operations conducted under part 91, subpart K, and part 125
of this chapter, persons who are serving as flight attendant
crewmembers, check pilots, and flight instructors; and
    (4) Operations conducted under part 107 of this chapter by a person
who holds a remote pilot certificate issued under part 107 of this
chapter.
    (b) This Part.
    (1) Second-in-command qualifications of Sec.  61.55. (i) Airmen
requirements. Notwithstanding the period specified in Sec.  61.55(c) of
this chapter, a person who is required to complete the second-in-
command familiarization and currency requirements under Sec.
61.55(b)(1) and (2) between March 1, 2020 and September 30, 2020 for
purposes of maintaining second-in-command privileges may complete the
requirements of Sec.  61.55(b)(1) and (2) in the month before or three
months after the month in which they are required, provided the pilot
meets the requirements of paragraph 2.(b)(1)(ii) of this SFAR. A pilot
who meets the requirements of Sec.  61.55(b)(1) and (2) within the
period prescribed by this paragraph 2.(b)(1)(i) will be considered to