Lindy
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Posted it here because many folks visit this section.....
Federal Aviation Administration
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14 CFR Part 61
Picture Identification Requirements; Final Rule
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.
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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,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.
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 necessaryto prevent further terrorist acts which may result in grave hazards toaircraft, persons, and property within the United States.
The Rule Change
Justification for Immediate Adoption
This action is being taken without providing the opportunity for
prior notice and public comment. The TSA requests immediate adoption of
this rule to require pilots to carry and present identification and the
FAA finds this action is necessary to assist in preventing hazards to
aircraft, persons, and property within the United States. The TSA, in
consultation with the security agencies of the Executive Branch,
monitors threats to aviation security on a constant basis. The TSA has
issued other regulatory documents that became effective immediately in
order to minimize security threats and potential security
vulnerabilities to the fullest extent possible, and the FAA issues this
rule without prior notice and public comment for the same reason. The
FAA, TSA, and other federal security agencies have been concerned about
the potential misuse of an aircraft to carry out terrorist acts in the
United States since September 11, and the TSA and FAA now believe it is
necessary to require pilots to carry and present picture identification
to help minimize the threat of such acts.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, and Reporting and recordkeeping
requirements.
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
Federal Aviation Administration
-----------------------------------------------------------------------
14 CFR Part 61
Picture Identification Requirements; Final Rule
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,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.
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 necessaryto prevent further terrorist acts which may result in grave hazards toaircraft, persons, and property within the United States.
The Rule Change
Justification for Immediate Adoption
This action is being taken without providing the opportunity for
prior notice and public comment. The TSA requests immediate adoption of
this rule to require pilots to carry and present identification and the
FAA finds this action is necessary to assist in preventing hazards to
aircraft, persons, and property within the United States. The TSA, in
consultation with the security agencies of the Executive Branch,
monitors threats to aviation security on a constant basis. The TSA has
issued other regulatory documents that became effective immediately in
order to minimize security threats and potential security
vulnerabilities to the fullest extent possible, and the FAA issues this
rule without prior notice and public comment for the same reason. The
FAA, TSA, and other federal security agencies have been concerned about
the potential misuse of an aircraft to carry out terrorist acts in the
United States since September 11, and the TSA and FAA now believe it is
necessary to require pilots to carry and present picture identification
to help minimize the threat of such acts.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, and Reporting and recordkeeping
requirements.
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
