[Federal Register: September 29, 2004 (Volume 69, Number 188)]
[Rules and Regulations]
[Page 58231-58234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se04-19]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 61
Picture Identification Requirements; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2002-11666; Amendment No. 61-107]
RIN 2120-AH76
Picture Identification Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Disposition of comments on final rule.
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SUMMARY: On October 28, 2002, the FAA revised the authority to exercise
the privileges of a pilot certificate to require a pilot to carry photo
identification acceptable to the Administrator. Additionally, the final
rule required a pilot certificate holder to present that photo
identification when exercising the privileges of the certificate. The
rule permits the Administrator, an authorized representative of the
National Transportation Safety Board or Transportation Security
Administration, or a law enforcement officer to inspect the photo
identification. These requirements addressed pilot identification and
pilot certificate security concerns.
DATES: The final rule was effective on October 28, 2002. The closing
date for comments on the final rule was November 27, 2002.
ADDRESSES: You may examine the complete docket for the final rule on
pilot picture identification at the Docket Management System (DMS). DMS
is located at the U.S. Department of Transportation, 400 Seventh
Street, SE., Room 401, Plaza Level, Washington, DC 20590-0001. Hours
are 9 a.m. to 5 p.m., Monday-Friday, except Federal holidays. You may
also access the docket electronically at http://dms.dot.gov. A ``Simple
Search'' on docket number 11666 will provide a list of all comments as
well as a copy of the final rule and this disposition document.
FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-
840, General Aviation and Commercial Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591, telephone (202) 267-3844.
SUPPLEMENTARY INFORMATION:
Background
The Aviation and Transportation Security Act (ATSA), Public Law
107-71, enacted on November 19, 2001, required the Under Secretary of
Transportation for Security to consider upgrading U.S. pilot
certificates. Section 109 (a)(6) of ATSA provided that the Under
Secretary, in consultation with the Administrator of the Federal
Aviation Administration, may ``consider whether to require all pilot
licenses to incorporate a photograph of the license holder and
appropriate bio-metric imprints.''
In addition, the FAA received a petition from the Aircraft Owners
and Pilots Association (AOPA), dated February 21, 2002. AOPA asked the
FAA to revise 14 CFR 61.3(a) and (l) to require a pilot to carry photo
identification while exercising the privileges of the pilot
certificate. The petition also requested that the FAA require a pilot
to present that photo identification when requested for inspection by
an appropriate official. The AOPA pointed out in its petition that this
solution would be far less costly and quicker to implement than would
any significant modification to the pilot certification system. The
AOPA suggested the most commonly held form of photo identification is a
State driver's license, which would impose no additional cost to the
pilot or to the Federal government.
The FAA responded to the AOPA on March 27, 2002, stating the
proposal ``provides a positive short-term measure to enhance security
throughout the general aviation community.'' The FAA also acknowledged
that, while the proposal was a good interim measure, it did not fully
address the concerns of ATSA or requirements of the Federal Aviation
Administration Drug Enforcement Assistance Act of 1988 (DEA Act). The
FAA also stated that it would continue to work with the Transportation
Security Administration (TSA) to determine what further actions need to
be taken to improve the pilot certification process. The TSA,
recognizing ongoing security concerns regarding the use of an aircraft
to conduct terrorist acts within the United States, requested the FAA
to issue a final rule, immediately effective, adopting the AOPA
proposal as an interim measure. Thus, on October 28, 2002, the final
rule for pilot picture identification was published and effective on
that date.
Discussion of Comments Received on the Final Rule
Comment: Many commenters expressed overall support for the rule as
a necessary, low-cost first step in increasing security by identifying
pilots. Individuals applauded the FAA for a quick solution that is
easily available and does not incur additional expense. The Aircraft
Owners and Pilots Association noted that publishing this requirement as
a direct final rule was the right action to address this security
issue.
FAA's Response: As noted in the final rule, the FAA found that this
requirement was an ``expeditious and cost effective measure that will
provide additional security through enhanced identification of pilots
exercising the privileges of their certificate.'' In addition, TSA
determined that the security benefits of this rule must not be delayed
and requested the FAA to adopt a final rule.
Comment: Some commenters, however, were highly critical of the
rule, stating the rule provides no security benefits, but rather
represents an attempt by the FAA to look like we are addressing
security concerns.
FAA Response: The FAA disagrees with this comment. This pilot
identification rule adds another layer of security to the aviation
system. This rule provides added protection against potential acts of
terrorism in the aviation system by requiring pilots to produce a form
of identification other than the pilot certificate, when asked by an
appropriate official. This rule requires a form of pilot identity
confirmation through a photo identification.
Comment: Other commenters said the rule would be ineffective
because anyone can obtain a falsified driver's license.
FAA Response: Although this rule does not address security concerns
with the various types of identification that may be used to comply
with this rule, the FAA recognizes that each identification has an
authority working to maintain a secure identification.
Comment: One commenter noted that profiling would provide more
security benefits than this rule. Another commenter suggested
fingerprinting or laser-scanned identification instead of this rule.
FAA Response: As stated in the NPRM, the FAA adopted this rule as
an interim measure to implement security measures concerning the pilot
certificate. Measures such as profiling of pilots or more sophisticated
methods of identification, like fingerprinting, are long term broad
security measures that are beyond the scope of this rule. However, the
FAA continues to consider various types of long term security measures.
Comment: Several commenters suggested that the current rule
provides little or no security benefit and urged
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the FAA to require a photograph on the pilot certificate. These
commenters noted that states require photo identification for driver's
licenses and there is very little cost to the public for these
identifications.
FAA Response: The FAA recognizes the need for additional security
measures associated with the pilot certificate, thus, this rule was
adopted as an interim measure. The FAA took a permanent step in adding
security features to the pilot certificate, by replacing paper
certificates with a new plastic identification card that contains
additional security features.
Comment: One commenter asked whether a security guard at an airport
is authorized under 61.3(a)(2) to ask for pilot identification.
FAA Response: A security guard could be authorized to ask for pilot
identification under 61.3(a)(2), if state or local law enforcement
authorities have delegated duties to that security guard and the pilot
is executing the privileges of the airman certificate.
Comment: Several commenters, including the Air Line Pilots
Association, International (ALPA), International Brotherhood of
Teamsters (IBT), and the New York State Office of Public Security,
commented that this rule may serve as an interim measure, but the rule
does not meet the intent of either the DEA Act or ATSA. These
commenters urged the FAA to develop and require an up-to-date, fraud-
resistant, means of pilot identification, similar to the identification
card proposed in response to the DEA Act, March 12, 1990 (55 FR 9270).
ALPA supported the Department of Transportation's Transportation Worker
Identification Card (TWIC).
FAA Response: Since the issuance of the final rule on pilot picture
identification, the FAA has responded to many of these suggestions by
replacing the current paper pilot certificate with a plastic credit-
card sized certificate that incorporate security features. The FAA
issues new certificates as pilots earn additional ratings, replace a
certificate, or request a new certificate. Pilots who seek a
replacement certificate, may obtain one by submitting an application
with a $2 fee to Flight Standards Service, Airmen Certification Branch,
AFS-760, FAA, P.O. Box 25082, Oklahoma City, Oklahoma, 73125
(telephone: (405) 954-3205). The FAA recognizes that its new plastic
pilot certificate does not establish a combined photo identification
and pilot certificate at this point. However, as previously stated, the
``Picture Identification Requirements'' final rule is an interim
measure, and the FAA is considering various security options associated
with the new plastic identification certificate. In addition, the new
airman certificate, partially addresses some of the concerns in the DEA
Act and ATSA.
Comment: One commenter suggested the FAA extend this rule to other
crew members such as flight engineers or navigators.
FAA Response: The FAA does not plan to extend this rule to other
crewmembers at this time.
Comment: One commenter suggested including the immigration status
of a pilot/flight instructor along with the pilot's authority to work
in the U.S.
FAA Response: Although the new pilot certificate may be capable of
containing many different security features, the FAA does not plan at
this time to include a pilot's immigration or authority to work status
in the certificate.
Comment: Several commenters were concerned that it may be difficult
for student pilots under the age of 16 to comply with this rule because
such students may not possess a driver's license. Commenters also
suggested these individuals are unlikely to have a passport or other
Government identification that would comply with this rule.
FAA Response: Section 61.3(a)(2) has several options for meeting
the requirements of carrying a photo identification that matches the
pilot certificate and showing the identification to the proper
authorities. The FAA believes it is not difficult for students, even
those under the age of 16, to obtain an identification card that will
meet the requirements of this rule. For example, the Department of
Motor vehicles for many states issue photo identification cards to
individuals under the age of 16 or otherwise not eligible for a
driver's license. For further information contact your local Department
of Motor Vehicles or visit http://www.dmv.org and click on
identification cards.
Comment: One commenter stated that the rule is unnecessary because
each pilot is already required to carry with his/her pilot certificate
a current medical certificate which has that pilot's height, weight,
hair color, eye color, etc.
FAA Response: While a medical certificate does include the listed
physical descriptions, one description could fit many people. The photo
makes it readily apparent whether or not the medical certificate
actually matches the photo and thus identifies the person.
Comment: Several individuals commented that this rule would not
have prevented the September 11 terrorist attacks because terrorists
would have some form of photo identification with them. They stated
that more than a year has passed since the terrorist attacks, and there
has been no terrorist attacks in general aviation. Yet another
commentator stated that it is virtually impossible to prevent acts of
terrorism; it is up to the citizenry to be more vigilant.
FAA Response: The fact that time has passed since the terrorist
attacks of September 11, does not mean the FAA can afford to relax its
security measures. The FAA agrees with the commenter that a vigilant
citizenry is important to prevent acts of terrorism. However, the FAA
will continue to examine and implement security measures, with the
advice of the TSA, to carry out all reasonable measures to ensure the
security of the aviation system in the United States.
Comment: One commenter calls the final rule an invasion of privacy
because it contradicts a long-standing policy that the U.S. government
will not require private citizens to carry identification.
FAA Response: This rule does not constitute an invasion of privacy.
This rule only applies to those individuals who seek to exercise the
privileges of a pilot certificate, that privilege now includes the
obligation to identify oneself for security purposes.
Comment: A pilot commented that immediate adoption of the rule was
not justified. This individual believes that because the threat level
designated by the Department of Homeland Security was lowered to
``Elevated'' and there have been no further terrorist attacks on the
U.S., aviation related or otherwise, since September 11, 2001, the
public should have been given notice and the opportunity to comment
before final action was taken. This commenter believes that for
purposes of the notice and comment requirements of the Administrative
Procedures Act (APA) the FAA's partial adoption of the AOPA petition
circumvented the rulemaking process.
FAA Response: Federal agencies are allowed to issue final rules
without comment under section 553 of the APA when a comment period is
``impractical or contrary to public interest.'' In this case, the FAA
was responding to TSA's request to issue a regulation to help prevent
the use of aircraft in terrorist acts. As noted in both the NPRM and
final rule, the FAA did not adopt the AOPA petition in its entirety.
The TSA determined immediate adoption without notice and comment was in
the public interest, and the FAA followed that determination.
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Comment: Several individuals commented that their state does not
include a photo as part of the driver's license. One individual
commented that he has no identification that includes a photo.
FAA Response: The FAA believes it is not difficult for pilots to
obtain an identification card that will meet the requirements of this
rule. If a pilot is not eligible for one of the acceptable methods of
identification permitted by the rule, the pilot may submit a request
for an exemption pursuant to 14 CFR 11.63.
Comment: Another individual commented that the cost of the new rule
is not necessarily minimal. The commenter stated that if each of the
existing 600,000 pilots in the United States had to purchase some form
of government identification, estimated at $17.00 per pilot, the cost
of the rule would be $10,200,000.
FAA Response: The FAA believes that the vast majority of pilots
will have government identification cards that meet the requirements of
this rule. The FAA anticipates most pilots will have either a driver's
license with a picture or a passport. Therefore, the cost to pilots is
anticipated to be minimal.
Comment: One commenter asked whether ``official passport'' in
61.1(a)(2)(iv) means a U.S. official passport or does it include
official passports issued by foreign governments.
FAA Response: The intent of ``official passport'' in 61.1(a)(2)(iv)
was to include passports issued by the U.S. government or any travel
document issued by a competent authority showing the bearer's origin,
identity and nationality, if any, which is valid for the admission of
the bearer into a foreign country.
Comment: Several individuals commented on the effect of this rule
on foreign persons holding a U.S. pilot certificate. One commenter
asked whether this rule is intended to apply outside the U.S. because
this rule applies to ``U.S. registered aircraft,'' including aircraft
operated outside of the U.S. The commenter is concerned that pilots
operating U.S. registered aircraft outside the U.S. will only be able
to comply with this rule if they have an official passport or another
form of identification the Administrator found acceptable.
FAA Response: Foreign pilots operating U.S. registered aircraft
outside the U.S. will only have to comply with 61.3(a)(2) when such
pilots are executing the privileges of a U.S. airman certificate. If
the foreign pilot is operating the U.S. registered aircraft under the
authority of a certificate issued by a foreign country, the pilot does
not have to comply with this rule. Such operations are permitted under
61.1(a)(1), where the pilot is operating the aircraft under the
authority of a pilot certificate issued by the country in which the
aircraft is being operated. If the foreign pilot is relying on a U.S.
pilot certificate, the pilot must comply with 61.1(a)(2).
Comment: One commenter asked whether a foreign pilot is subject to
this rule when operating any aircraft in the U.S.
FAA Response: This rule applies to pilots exercising the privileges
of a U.S. pilot certificate. The registration or location of the
aircraft the pilot is operating does not determine whether a pilot must
comply with this rule.
Conclusion
After consideration of the comments submitted in response to the
final rule, the FAA has determined that no further rulemaking action is
necessary. Amendment 61-107 remains in effect as adopted.
Issued in Washington, DC on September 20, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-21533 Filed 9-28-04; 8:45 am]
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