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New CFR....Effective 28 Oct 02

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Lindy

Well-known member
Joined
Nov 25, 2001
Posts
250
CFR = Code of Federal Regulations

(The "actual" regulations that comprise what we call FAR's)

http://www.faa.gov/avr/arm/pic01028.htm


You MUST have a picture ID to accompany your Airmen Certificates when exercising the privileges of your certificates.

[Federal Register: October 28, 2002 (Volume 67, Number 208)]
[Rules and Regulations]
[Page 65857-65861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc02-23]


[[Page 65857]]

Part IV
Department of Transportation

Federal Aviation Administration
14 CFR Part 61

Picture Identification Requirements; Final Rule


[[Page 65858]]


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

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, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This rule revises the pilot certificate requirements to
require a person to carry a photo identification acceptable to the
Administrator when exercising the privileges of a pilot certificate.
Additionally, this final rule requires a pilot certificate holder to
present a photo identification when requested by the Administrator, an
authorized representative of the National Transportation Safety Board
(NTSB) or Transportation Security Administration (TSA), or a law
enforcement officer. These measures address security concerns regarding
the identification of pilots.

DATES: This final rule is effective October 28, 2002. You may send your
comments to reach us on or before November 27, 2002.

Background

The Aviation and Transportation Security Act (ATSA), Public Law
107-71, enacted on November 19, 2001, requires the Under Secretary of Transportation for Security (``Under Secretary'') to consider a requirement for a photo identification pilot certificate. In relevant part, Sec. 109(a) of ASTA provides 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.'' The Under Secretary is required to report annually to Congress on the progress in evaluating and taking such actions.
In addition, Sec. 129 of ATSA amends 49 U.S.C. 44703(g), by adding the phrase ``combating acts of terrorism'' as an additional purpose for revising the FAA airman certification system. The FAA now must consider
terrorism as a factor in addition to the needs of pilots and officials
responsible for enforcing drug-related laws when making modifications
to the airman certification system.
Congress first mandated modification of the airman certification
system in the Federal Aviation Administration Drug Enforcement
Assistance Act of 1988 (DEA Act) (Subtitle E of the Anti-Drug Abuse Act
of 1988 (Pub. L. 100-690)) with the objective of assuring positive and
verifiable identification of each person applying for or holding a
pilot certificate. The DEA Act was intended to assist Federal, State,
and local agencies involved in the enforcement of the nation's drug
laws. In response to the DEA Act, the FAA issued a Notice of Proposed
Rulemaking on March 12, 1990 (55 FR 9270). The proposed rule would have
required a two part pilot certificate; part A was an Airman Identity
Card and part B would include all ratings and limitations. This new
certificate would be issued to private,

[[Page 65859]]

commercial, and airline transport pilots. As proposed, the Airman
Identity Card portion of the pilot certificate would be non-forgeable
and contain a photograph of the pilot, his or her signature, address,
and identification number. In addition, the certificates would be
machine-readable by equipment in use by the United States Customs
Service, and have a variety of other security features. The FAA's
proposed rule to modify the airman certification system has not been
issued as a final rule by the FAA.


The FAA's Acceptance of the Petition

By letter dated March 27, 2002, the FAA responded to the AOPA
petition by stating that the proposal ``provides a positive short-term
measure to enhance security throughout the general aviation
community.'' While the AOPA's recommendations are a good interim
measure, neither the FAA nor the Transportation Security Administration
has concluded that these measures address fully the concerns reflected
in the DEA Act or ATSA. Although requiring a pilot to carry an
acceptable photo identification will provide more security than not
requiring an identification, the overlap of key information between the
pilot certificate and the required photo identification will be limited
and potentially inconsistent. For example, it is quite likely the
addresses on the two documents will not match, because the address on a
pilot certificate is not updated when a pilot moves. Moreover, an
improved pilot certificate could include a variety of security
enhancements in addition to simply having a photograph of the holder on
the certificate.
This rule adopts the core of the AOPA's recommendations for pilot
identification requirements. The FAA will continue to work in
conjunction with the TSA to determine what further actions need to be
taken to improve airman certification process. The FAA considers the
AOPA's recommendations to be an expeditious and cost effective measure
that will provide additional security through enhanced identification
of pilots exercising the privileges of their certificate. Requiring
pilots to carry photographic identification with a pilot certificate
will be cost effective because most pilots already carry an
identification acceptable to the Administrator, such as a driver's
license, and the cost of obtaining a government issued photo
identification is minimal. The TSA recognizes the ongoing security
concerns regarding the use of an aircraft to conduct terrorist acts
within the United States. Therefore, TSA has requested that the FAA
issue a final rule, without prior notice and public comment, effective
upon publication, adopting the AOPA petition to require that pilots
properly identify themselves. The TSA believes this action is necessary
to prevent further terrorist acts which may result in grave hazards to
aircraft, persons, and property within the United States.


The Amendment

For the reasons stated in the preamble, the Federal Aviation
Administration amends part 61 of Title 14 of the Code of Federal
Regulations as follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

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

Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.


2. Amend Sec. 61.3 by revising paragraph (a) and the introductory
text of paragraph (l) and by adding paragraph (l)(4) to read as
follows:


Sec. 61.3 Requirement for certificates, ratings, and authorizations.

(a) Pilot certificate. A person may not act as pilot in command or
in any other capacity as a required pilot flight crewmember of a civil
aircraft of U.S. registry, unless that person--
(1) Has a valid pilot certificate or special purpose pilot
authorization issued under this part in that person's physical
possession or readily accessible in the aircraft when exercising the
privileges of that pilot certificate or authorization. However, when
the aircraft is operated within a foreign country, a current pilot
license issued by the country in which the aircraft is operated may be
used; and
(2) Has a photo identification that is in that person's physical
possession or readily accessible in the aircraft when exercising the
privileges of that pilot certificate or authorization. The photo
identification must be a:
(i) Valid driver's license issued by a State, the District of
Columbia, or territory or possession of the United States;
(ii) Government identification card issued by the Federal
government, a State, the District of Columbia, or a territory or
possession of the United States;
(iii) U.S. Armed Forces' identification card;
(iv) Official passport;
(v) Credential that authorizes unescorted access to a security
identification display area at an airport regulated under 49 CFR part
1542; or
(vi) Other form of identification that the Administrator finds
acceptable.
* * * * *
(l) Inspection of certificate. Each person who holds an airman
certificate, medical certificate, authorization, or license required by
this part must present it and their photo identification as described
in paragraph (a)(2) of this section for inspection upon a request from:
* * * * *
(4) An authorized representative of the Transportation Security
Administration.

Issued in Washington, DC, on October 23, 2002.
Marion C. Blakey,
Administrator.
[FR Doc. 02-27411 Filed 10-23-02; 4:10 pm]
BILLING CODE 4910-13-P
 
Believe it or not, but I think this actually makes sense. I've always got three photo Id's on me anyways. (Passport, DL, Company ID) The only thing I'm concerned about is that these new rules are being passed without the public comment period that used to accompany a NPRM. I'm sure there's plenty of bored lawmakers out there with some kooky ideas that will secretly become law. :rolleyes:
 
I agree.

Due to the events of 09-11 changes have ocurred; i.e., you can be held up to 72 hours w/o being charged.

If you go to the site, there was some dialogue between AOPA and the NPRM committee regarding this new regulation. It was too long to include in this post.
 

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