Second-in-Command Pilot Type Rating, 61888-61891 [05-21463]
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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations
(b) The approved information
collection requirements contained in
this part appear in §§ 50.30, 50.33,
50.34, 50.34a, 50.35, 50.36, 50.36a,
50.36b, 50.44, 50.46, 50.47, 50.48, 50.49,
50.54, 50.55, 50.55a, 50.59, 50.60, 50.61,
50.62, 50.63, 50.64, 50.65, 50.66, 50.68,
50.69, 50.70, 50.71, 50.72, 50.74, 50.75,
50.80, 50.82, 50.90, 50.91, 50.120, and
appendices A, B, E, G, H, I, J, K, M, N,O,
Q, R, and S to this part.
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§ 50.33a
[Removed]
Transfer of licenses.
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(b) An application for transfer of a
license shall include as much of the
information described in §§ 50.33 and
50.34 of this part with respect to the
identity and technical and financial
qualifications of the proposed transferee
as would be required by those sections
if the application were for an initial
license. The Commission may require
additional information such as data
respecting proposed safeguards against
hazards from radioactive materials and
the applicant’s qualifications to protect
against such hazards. The application
shall include also a statement of the
purposes for which the transfer of the
license is requested, the nature of the
transaction necessitating or making
desirable the transfer of the license, and
an agreement to limit access to
Restricted Data pursuant to § 50.37. The
Commission may require any person
who submits an application for license
pursuant to the provisions of this
section to file a written consent from the
existing licensee or a certified copy of
an order or judgment of a court of
competent jurisdiction attesting to the
person’s right (subject to the licensing
requirements of the Act and these
regulations) to possession of the facility
involved.
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Appendix L to Part 50—[Removed and
Reserved]
11. Appendix L to part 50 is removed
and reserved.
I 12. In Appendix N to part 50,
paragraph 2, is revised to read as
follows:
I
Appendix N to Part 50—
Standardization of Nuclear Power Plant
Designs; Licenses To Construct and
Operate Nuclear Power Reactors of
Duplicate Design at Multiple Sites
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PART 52—EARLY SITE PERMITS;
STANDARD DESIGN
CERTIFICATIONS; AND COMBINED
LICENSES FOR NUCLEAR POWER
PLANTS
13. The authority citation for part 52
continues to read as follows:
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9. Section 50.33a is removed.
10. Section 50.80 paragraph (b) is
revised to read as follows:
I
§ 50.80
2. Applications for construction permits
submitted pursuant to this appendix must
include the information required by §§ 50.33,
50.34(a) and 50.34a(a) and (b) and be
submitted as specified in § 50.4. The
applicant shall also submit the information
required by § 51.50 of this chapter.
Authority: Sec. 161, 68 Stat. 948, as
amended, sec. 274, 73 Stat. 688 (42 U.S.C.
2201, 2021); sec. 201, 88 Stat. 1242, as
amended (42 U.S.C. 5841); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note). Sections
150.3, 150.15, 150.15a, 150.31, 150.32 also
issued under secs. 11e(2), 81, 68 Stat. 923,
935, as amended, secs. 83, 84, 92 Stat. 3033,
3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114).
Section 150.14 also issued under sec. 53, 68
Stat. 930, as amended (42 U.S.C. 2073).
Section 150.15 also issued under secs. 135,
141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42
U.S.C. 10155, 10161). Section 150.17a also
issued under sec. 122, 68 Stat. 939 (42 U.S.C.
2152). Section 150.30 also issued under sec.
234, 83 Stat. 444 (42 U.S.C. 2282).
14. Section 52.77 is revised to read as
follows:
I
§ 52.77 Contents of applications; general
information.
The application must contain all of
the information required by 10 CFR
50.33, as that section would apply to
applicants for construction permits and
operating licenses.
PART 140—FINANCIAL PROTECTION
REQUIREMENTS AND INDEMNITY
AGREEMENTS
15. The authority citation for part 140
is revised to read as follows:
I
Authority: Secs. 161, 170, 68 Stat. 948, 71
Stat. 576 as amended (42 U.S.C. 2201, 2210);
secs. 201, as amended, 202, 88 Stat. 1242, as
amended, 1244 (42 U.S.C. 5841, 5842); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
Pub. L. 109–58.
16. In § 140.11, paragraph (a)(4) is
revised to read as follows:
I
§ 140.11 Amounts of financial protection
for certain reactors.
(a) * * *
(4) In an amount equal to the sum of
$300,000,000 and the amount available
as secondary financial protection (in the
form of private liability insurance
available under an industry
retrospective rating plan providing for
deferred premium charges equal to the
pro rata share of the aggregate public
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liability claims and costs, excluding
costs payment of which is not
authorized by section 170o.(1)(D) of the
Act, in excess of that covered by
primary financial protection) for each
nuclear reactor which is licensed to
operate and which is designed for the
production of electrical energy and has
a rated capacity of 100,000 electrical
kilowatts or more: Provided, however,
that under such a plan for deferred
premium charges for each nuclear
reactor which is licensed to operate, no
more than $95,800,000 with respect to
any nuclear incident (plus any
surcharge assessed under subsection
170o.(1)(E) of the Act) and no more than
$15,000,000 per incident within one
calendar year shall be charged. Except
that, where a person is authorized to
operate a combination of 2 or more
nuclear reactors located at a single site,
each of which has a rated capacity of
100,000 or more electrical kilowatts but
not more than 300,000 electrical
kilowatts with a combined rated
capacity of not more than 1,300,000
electrical kilowatts, each such
combination of reactors shall be
considered to be a single nuclear reactor
for the sole purpose of assessing the
applicable financial protection required
under this section.
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Dated at Rockville, Maryland this 11th day
of October, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05–21342 Filed 10–26–05; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA–2004–19630; Amendment
No. 61–109]
RIN 2120–AI38
Second-in-Command Pilot Type Rating
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: We are correcting errors in a
final rule published in the Federal
Register on August 4, 2005. That final
rule revised pilot certification
regulations by establishing a second-incommand (SIC) pilot type rating and
associated qualifying procedures. We
are also correcting cross references and
other minor errors in the pre-existing
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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations
Description of Corrections
As described below, the FAA is
making non-substantive corrections to
the SIC pilot type rating final rule.
regulations that were inadvertently
carried over.
These corrections are effective
September 6, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
John
D. Lynch, Certification and General
Aviation Operations 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 or via the Internet at:
john.d.lynch@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2005, the FAA amended
its regulations to provide for issuance of
a pilot type rating for SIC privileges
when a person completes the SIC pilot
familiarization training set forth under
14 CFR 61.55(b), an FAA-approved SIC
training curriculum under 14 CFR parts
121 or 135, or a proficiency check under
14 CFR part 125. See 70 FR 45263. The
amendments adopted on August 4,
2005, are based on a notice of proposed
rulemaking (NPRM) published in the
Federal Register on November 16, 2004.
See 69 FR 67258.
The amendments require pilots acting
as second in command and who plan to
fly outside U.S. domestic airspace and
land in foreign countries to obtain the
SIC pilot type rating. The amendments
also established two procedures for
obtaining the SIC pilot type rating. The
effective date of the amendments is
September 6, 2005. The effective date is
the date the amendments affect the
current Code of Federal Regulations.
On September 9, 2005, the FAA
published a final rule establishing a
compliance date for the SIC pilot type
rating final rule. See 70 FR 53560. The
compliance date is June 6, 2006. A
compliance date, in contrast to an
effective date, is the date that those
affected by the rule must begin to follow
it. Thus, pilots acting as a second in
command and who will be flying
outside U.S. domestic airspace and
landing in a foreign country must hold
the appropriate SIC pilot type rating no
later than June 6, 2006.
Neither the effective date, nor the
compliance date, of the final rule are
affected by these corrections. These
corrections are effective as if they had
been included in the final rule.
Accordingly, these corrections have the
same effective date as the final rule,
September 6, 2005.
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14 CFR 61.55(a)
We are deleting the introductory
phrase ‘‘Except as provided in
paragraph (f) of this section.’’ That
phrase erroneously excludes pilots
employed by operators that conduct
operations under subpart K of part 91,
parts 121, 125, or 135 from the
requirement to hold a SIC pilot type
rating. In the preamble of the final rule,
we did not exclude pilots conducting
operations under subpart K of part 91,
parts 121, 125, or 135 from the
requirement to hold the SIC pilot type
rating when operating an aircraft
outside U.S. domestic airspace that
takeoffs or lands in a foreign country.
The entire purpose for the amendments
under 14 CFR 61.55 was to conform U.S.
pilot type rating requirements to the
International Civil Aviation
Organization’s (ICAO) pilot type ratings
standards (See ICAO Annex 1,
paragraphs 2.1.3.2 and 2.1.4.1.A). This
change conforms the regulatory
language to the preamble discussion.
14 CFR 61.55(a)(2)
We are adding the words ‘‘or
privilege’’ to acknowledge that those
who hold an airline transport pilot
certificate where instrument privileges
are inferred also may qualify for the SIC
pilot type rating. This action corrects an
error in the pre-existing rule that was
inadvertently carried over into the final
rule adopted on August 4, 2005.
14 CFR 61.55(b)
We are correcting an erroneous cross
reference in the introductory language
of this paragraph to read ‘‘Except as
provided in paragraph (e) of this
section.’’ By adding the SIC pilot type
rating requirements while retaining
some of the original language, the
August 4, 2005, final rule
unintentionally created an exception.
Pilots who have satisfactorily completed
a proficiency check or competency
check under subpart K of part 91, parts
121, 125, or 135 do not have to complete
the familiarization training of paragraph
(b).
14 CFR 61.55(b)(2)
We are deleting the cross reference in
the introductory language because it is
unnecessary.
14 CFR 61.55(d) and (e)
We are adding the phrase ‘‘provided
the training was completed within the
12 calendar months before the month of
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61889
application for the SIC pilot type rating’’
to both paragraphs (d) and (e). This will
conform the regulatory text to the
preamble discussion in the August 4,
2005, final rule. In the preamble to the
final rule, we provided examples
illustrating that completion of the
required training had to occur within
the 12 calendar months before the
month of application for the SIC pilot
type rating. This was clearly the intent
of the final rule, yet the corresponding
regulatory language was inadvertently
omitted from the regulatory text.
14 CFR 61.55(f)
We are amending the introductory
language of this paragraph to exempt
certain pilots from the familiarization
training requirements of 14 CFR
61.55(b). This action corrects an error in
pre-existing 14 CFR 61.55(d) that was
inadvertently carried over into the
August 4, 2005, final rule.
Pilots employed by operators that
conduct operations under subpart K of
part 91 and parts 121, 125, or 135 do not
have to complete the SIC familiarization
training described under paragraph (b)
of this section. Instead, pilots that are
employed by operators that conduct
operations under subpart K of part 91
and parts 121, 125, or 135 must comply
with the requirements of paragraph (e)
of this section to qualify for a SIC pilot
type rating.
14 CFR 61.55(i)
We are deleting the introductory
phrase ‘‘Except as provided in
paragraph (h) of this section.’’ This
action corrects an error in pre-existing
14 CFR 61.55(g) that was inadvertently
carried over into the August 4, 2005,
final rule, which redesignated paragraph
(g) as paragraph (i).
We are adding the phrase ‘‘The
training required under paragraphs (b)
and (d) of this section and the training
and proficiency check required under
paragraph (e) of this section.’’ This
clarifies that a flight simulator may be
used in an approved training course
conducted by a training center
certificated under part 142 of this
chapter or for the training and
proficiency check under parts 121 or
135 of this chapter. This is a nonsubstantive correction because parts 121
and 135 already allow the use of a flight
simulator in an approved training
course and for the required proficiency/
competency check.
14 CFR 61.55(j)
We are deleting the phrase ‘‘who is
qualifying under the terms of paragraph
(g) of this section’’ because it is
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Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations
unnecessary. We also made editorial
changes for the purpose of clarity.
Under our rules in effect before we
adopted the August 4, 2005, final rule,
certain pilots who received SIC training
in an approved flight simulator did not
have to complete at least one takeoff and
landing in an aircraft of the type for
which they were seeking the SIC
qualification. See pre-existing 14 CFR
61.55(d). The August 4, 2005, final rule
eliminated the exception. This had the
unintentional effect of requiring the
previously exempt simulator trainees to
complete an actual takeoff and landing.
This is a significant new requirement—
one that we could not undertake
without giving the public adequate
notice and opportunity to comment.
Thus, this correction adds a sentence to
paragraph (j) of § 61.55 to re-establish
the pre-existing exception. Pilots who
complete a proficiency check under part
121 (i.e., § 121.441) or competency
check under subpart K, part 91 (i.e.,
§ 91.1065), part 125 (i.e., § 125.287), or
part 135 (i.e., § 135.293) do not have to
complete a takeoff and landing in an
aircraft of the type for which they seek
the SIC qualification.
Good Cause for Waiving the 30-Day
Delay in Effective Date
We ordinarily provide a 30-day delay
in the effective date of a final rule after
the date of publication in the Federal
Register. This is to comply with section
553(d) of the Administrative Procedure
Act (5 U.S.C. 553(d)). However, we can
waive the 30-day delay if we find, for
good cause, that the delay is
impracticable, unnecessary, or contrary
to the public interest. We must provide
a statement of the finding and the
reasons for it.
We find that it is in the public interest
to ensure that the August 4, 2005, final
rule accurately reflects the SIC pilot
type rating requirements. A delay in the
effective date of these corrections would
be contrary to the public interest. We
also find that it is in the public interest
to apply the changes in the correction
notice retroactively to September 6,
2005, the effective date of the August 4,
2005, final rule. There is a limited
amount of time available for affected
pilots to comply with the final rule. The
compliance date is June 6, 2006. Any
further delay in the effective date of
these changes would reduce the amount
of time available.
Good Cause for Foregoing Public Notice
and Comment
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, and
Reporting and recordkeeping
requirements.
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before a rule takes effect. This
is to comply with section 553(b) of the
Administrative Procedure Act (5 U.S.C.
553(b)). However, we can waive the
public notice and comment procedure if
we find, for good cause, that the notice
and comment process is impracticable,
unnecessary, or contrary to the public
interest. We must provide a statement of
the finding and the reasons for it.
The SIC pilot type rating requirements
under the August 4, 2005, final rule
were subject to notice and comment
procedures. This correction notice
makes changes to conform the
regulatory text to the requirements
described in the preamble of the August
4, 2005, final rule. This correction
notice also changes incorrect references
and corrects errors in the pre-existing
regulations that were inadvertently
carried over. This correction notice is
intended to ensure that the August 4,
2005, final rule accurately reflects the
SIC pilot type rating requirements.
Therefore, we find it unnecessary to
undertake further notice and comment
procedures with respect to this
correction notice.
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The Amendment
For the reasons stated above, the
Federal Aviation Administration
amends Chapter I of Title 14 of the Code
of Federal Regulations as follows:
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PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709–44711, 45102–45103,
45301–45302.
2. Amend § 61.55 as follows:
a. Revise the introductory language of
paragraph (a) as set forth below;
I b. Revise paragraph (a)(2) as set forth
below;
I c. Revise the introductory language of
paragraph (b) as set forth below;
I d. Revise the introductory language of
paragraph (b)(2) as set forth below;
I e. Revise the introductory language of
paragraph (d) as set forth below;
I f. Revise the introductory language of
paragraph (e) as set forth below;
I g. Revise the introductory language of
paragraph (f) as set forth below;
I h. Revise paragraph (i) as set forth
below; and
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i. Revise paragraph (j) as set forth
below:
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§ 61.55 Second-in-command
qualifications.
(a) A person may serve as a secondin-command of an aircraft type
certificated for more than one required
pilot flight crewmember or in operations
requiring a second-in-command pilot
flight crewmember only if that person
holds:
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(2) An instrument rating or privilege
that applies to the aircraft being flown
if the flight is under IFR; and
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(b) Except as provided in paragraph
(e) of this section, no person may serve
as a second-in-command of an aircraft
type certificated for more than one
required pilot flight crewmember or in
operations requiring a second-incommand unless that person has within
the previous 12 calendar months:
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(2) Except as provided in paragraph
(g) of this section, performed and logged
pilot time in the type of aircraft or in a
flight simulator that represents the type
of aircraft for which second-incommand privileges are requested,
which includes—
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(d) A person may receive a second-incommand pilot type rating for an
aircraft after satisfactorily completing
the second-in-command familiarization
training requirements under paragraph
(b) of this section in that type of aircraft
provided the training was completed
within the 12 calendar months before
the month of application for the SIC
pilot type rating. The person must
comply with the following application
and pilot certification procedures:
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(e) A person may receive a second-incommand pilot type rating for the type
of aircraft after satisfactorily completing
an approved second-in-command
training program, proficiency check, or
competency check under subpart K of
part 91, part 121, part 125, or part 135,
as appropriate, in that type of aircraft
provided the training was completed
within the 12 calendar months before
the month of application for the SIC
pilot type rating. The person must
comply with the following application
and pilot certification procedures:
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(f) The familiarization training
requirements of paragraph (b) of this
section do not apply to a person who is:
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(i) The training under paragraphs (b)
and (d) of this section and the training,
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proficiency check, and competency
check under paragraph (e) of this
section may be accomplished in a flight
simulator that is used in accordance
with an approved training course
conducted by a training center
certificated under part 142 of this
chapter or under subpart K of part 91,
part 121 or part 135 of this chapter.
(j) When an applicant for an initial
second-in-command qualification for a
particular type of aircraft receives all the
training in a flight simulator, that
applicant must satisfactorily complete
one takeoff and one landing in an
aircraft of the same type for which the
qualification is sought. This
requirement does not apply to an
applicant who completes a proficiency
check under part 121 or competency
check under subpart K, part 91, part
125, or part 135 for the particular type
of aircraft.
Issued in Washington, DC, on October 21,
2005.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations
Division, Office of the Chief Counsel.
[FR Doc. 05–21463 Filed 10–26–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 250 and 256
RIN 1010–AD27
Oil, Gas, and Sulphur Operations and
Leasing in the Outer Continental Shelf
(OCS)—Waiver of Fees
Minerals Management Service
(MMS), Interior.
ACTION: Final rule; waiver of fees.
AGENCY:
SUMMARY: In light of the interruption of
operations of the MMS Gulf of Mexico
Region (GOMR) in the wake of
Hurricanes Katrina and Rita, this rule
waives until January 3, 2006, the
payment of certain existing cost
recovery fees that would be paid to
MMS.
EFFECTIVE DATE: This regulation is
effective on October 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Angela Mazzullo, Offshore Minerals
Management (OMM) Budget Office at
(703) 787–1691.
SUPPLEMENTARY INFORMATION:
Background
MMS regulations currently charge
cost recovery fees to lessees of Federal
offshore oil and gas leases to offset the
bureau’s operating costs for specific
administrative services provided to a
particular lessee. These include pipeline
right-of-way (ROW) grant applications,
conversion of lease term pipelines to
ROW pipelines, pipeline ROW
assignments, record title/operating
rights transfers, and filing of nonrequired documents.
Under current rules, these fees are
established at the following rates under
the following regulations:
Pipeline ROW grant application .............................................................................................................
Conversion of lease term pipeline to ROW pipeline ............................................................................
Pipeline ROW assignment .......................................................................................................................
Record title/operating rights transfer .....................................................................................................
Non-required document filing ................................................................................................................
On August 29, 2005, Hurricane
Katrina came ashore on the Gulf of
Mexico coast. The resultant flood of the
City of New Orleans, Louisiana, forced
the evacuation of the city and areas in
the immediate vicinity. The evacuation
area included MMS’ GOMR office in
Metairie, Louisiana. MMS has not been
able to re-occupy the GOMR office and
will not be able to do so for some time.
While MMS GOMR personnel have
resumed certain essential operations
and services at a new temporary
location in Houston, Texas, it is not
possible to restore all functions and
systems in that location in the
immediate future. In addition, many
MMS employees in the GOMR office
have suffered severe property loss and
personal and family dislocation, and
will not be able to return to work
immediately. When Hurricane Rita
struck the Louisiana/Texas coast in
September 2005, it further exacerbated
these problems.
Among the operations that have been
disrupted as a result of the hurricanes
and the closure of the GOMR office in
Metairie, is the collection and
disposition of, and proper accounting
for, cost recovery fees, including the
fees identified above. Because very few
of the documents identified are filed in
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16:58 Oct 26, 2005
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either MMS’ Pacific Region office or
MMS’ Alaska Region office, the
computers that handle these payments
are integrated with the GOMR office
computers. Consequently MMS is
temporarily unable to process payments
that would be made to those offices.
Immediate Final Rule
Because the MMS presently cannot
receive or handle cost recovery fee
payments from lessees until it is able to
restore or replace that part of its
operations, MMS is suspending the
operation of the provisions identified
above until January 3, 2006.
The Administrative Procedure Act, at
5 U.S.C. 553(b), requires an agency to
publish a proposed rule and seek public
comment before promulgating a final
rule, except
(B) when the agency for good cause finds
(and incorporates the finding and a brief
statement of reasons therefor in the rules
issued) that notice and public procedure
thereon are impracticable, unnecessary, or
contrary to the public interest.
Under this provision, MMS for good
cause finds that notice and public
comment on this rulemaking is
impracticable, unnecessary, and
contrary to the public interest. The
GOMR office’s current situation cannot
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61891
$2,350
300
60
185
25
30
30
30
30
30
CFR
CFR
CFR
CFR
CFR
250.1015(a).
250.1015(a).
250.1018(b).
256.64(a)(8).
256.64(a)(8).
be changed or affected through public
comment, and the need to suspend the
operation of the cost recovery
provisions is immediate.
The Administrative Procedure Act, at
5 U.S.C. 553(d) further provides:
(d) The required publication or service of
a substantive rule shall be made not less than
30 days before its effective date, except—
(1) A substantive rule which grants or
recognizes an exemption or relieves a
restriction;
(2) Interpretative rules and statements of
policy; or
(3) As otherwise provided by the agency
for good cause found and published with the
rule.
As explained above, the need to
suspend the operation of the cost
recovery provisions is immediate and
arises in much less than 30 days. MMS
operations would be unnecessarily
hindered if MMS were not to make this
rule effective immediately. Therefore,
MMS for good cause finds that this rule
should take effect immediately.
If the GOMR office is not able to
restore normal operations by January 3,
2006, MMS may consider extending the
suspension of the cost recovery
provisions.
E:\FR\FM\27OCR1.SGM
27OCR1
]]>Agencies
[Federal Register Volume 70, Number 207 (Thursday, October 27, 2005)]
[Rules and Regulations]
[Pages 61888-61891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21463]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2004-19630; Amendment No. 61-109]
RIN 2120-AI38
Second-in-Command Pilot Type Rating
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: We are correcting errors in a final rule published in the
Federal Register on August 4, 2005. That final rule revised pilot
certification regulations by establishing a second-in-command (SIC)
pilot type rating and associated qualifying procedures. We are also
correcting cross references and other minor errors in the pre-existing
[[Page 61889]]
regulations that were inadvertently carried over.
DATES: These corrections are effective September 6, 2005.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and
General Aviation Operations 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 or via the Internet at: john.d.lynch@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 4, 2005, the FAA amended its regulations to provide for
issuance of a pilot type rating for SIC privileges when a person
completes the SIC pilot familiarization training set forth under 14 CFR
61.55(b), an FAA-approved SIC training curriculum under 14 CFR parts
121 or 135, or a proficiency check under 14 CFR part 125. See 70 FR
45263. The amendments adopted on August 4, 2005, are based on a notice
of proposed rulemaking (NPRM) published in the Federal Register on
November 16, 2004. See 69 FR 67258.
The amendments require pilots acting as second in command and who
plan to fly outside U.S. domestic airspace and land in foreign
countries to obtain the SIC pilot type rating. The amendments also
established two procedures for obtaining the SIC pilot type rating. The
effective date of the amendments is September 6, 2005. The effective
date is the date the amendments affect the current Code of Federal
Regulations.
On September 9, 2005, the FAA published a final rule establishing a
compliance date for the SIC pilot type rating final rule. See 70 FR
53560. The compliance date is June 6, 2006. A compliance date, in
contrast to an effective date, is the date that those affected by the
rule must begin to follow it. Thus, pilots acting as a second in
command and who will be flying outside U.S. domestic airspace and
landing in a foreign country must hold the appropriate SIC pilot type
rating no later than June 6, 2006.
Neither the effective date, nor the compliance date, of the final
rule are affected by these corrections. These corrections are effective
as if they had been included in the final rule. Accordingly, these
corrections have the same effective date as the final rule, September
6, 2005.
Description of Corrections
As described below, the FAA is making non-substantive corrections
to the SIC pilot type rating final rule.
14 CFR 61.55(a)
We are deleting the introductory phrase ``Except as provided in
paragraph (f) of this section.'' That phrase erroneously excludes
pilots employed by operators that conduct operations under subpart K of
part 91, parts 121, 125, or 135 from the requirement to hold a SIC
pilot type rating. In the preamble of the final rule, we did not
exclude pilots conducting operations under subpart K of part 91, parts
121, 125, or 135 from the requirement to hold the SIC pilot type rating
when operating an aircraft outside U.S. domestic airspace that takeoffs
or lands in a foreign country. The entire purpose for the amendments
under 14 CFR 61.55 was to conform U.S. pilot type rating requirements
to the International Civil Aviation Organization's (ICAO) pilot type
ratings standards (See ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A).
This change conforms the regulatory language to the preamble
discussion.
14 CFR 61.55(a)(2)
We are adding the words ``or privilege'' to acknowledge that those
who hold an airline transport pilot certificate where instrument
privileges are inferred also may qualify for the SIC pilot type rating.
This action corrects an error in the pre-existing rule that was
inadvertently carried over into the final rule adopted on August 4,
2005.
14 CFR 61.55(b)
We are correcting an erroneous cross reference in the introductory
language of this paragraph to read ``Except as provided in paragraph
(e) of this section.'' By adding the SIC pilot type rating requirements
while retaining some of the original language, the August 4, 2005,
final rule unintentionally created an exception. Pilots who have
satisfactorily completed a proficiency check or competency check under
subpart K of part 91, parts 121, 125, or 135 do not have to complete
the familiarization training of paragraph (b).
14 CFR 61.55(b)(2)
We are deleting the cross reference in the introductory language
because it is unnecessary.
14 CFR 61.55(d) and (e)
We are adding the phrase ``provided the training was completed
within the 12 calendar months before the month of application for the
SIC pilot type rating'' to both paragraphs (d) and (e). This will
conform the regulatory text to the preamble discussion in the August 4,
2005, final rule. In the preamble to the final rule, we provided
examples illustrating that completion of the required training had to
occur within the 12 calendar months before the month of application for
the SIC pilot type rating. This was clearly the intent of the final
rule, yet the corresponding regulatory language was inadvertently
omitted from the regulatory text.
14 CFR 61.55(f)
We are amending the introductory language of this paragraph to
exempt certain pilots from the familiarization training requirements of
14 CFR 61.55(b). This action corrects an error in pre-existing 14 CFR
61.55(d) that was inadvertently carried over into the August 4, 2005,
final rule.
Pilots employed by operators that conduct operations under subpart
K of part 91 and parts 121, 125, or 135 do not have to complete the SIC
familiarization training described under paragraph (b) of this section.
Instead, pilots that are employed by operators that conduct operations
under subpart K of part 91 and parts 121, 125, or 135 must comply with
the requirements of paragraph (e) of this section to qualify for a SIC
pilot type rating.
14 CFR 61.55(i)
We are deleting the introductory phrase ``Except as provided in
paragraph (h) of this section.'' This action corrects an error in pre-
existing 14 CFR 61.55(g) that was inadvertently carried over into the
August 4, 2005, final rule, which redesignated paragraph (g) as
paragraph (i).
We are adding the phrase ``The training required under paragraphs
(b) and (d) of this section and the training and proficiency check
required under paragraph (e) of this section.'' This clarifies that a
flight simulator may be used in an approved training course conducted
by a training center certificated under part 142 of this chapter or for
the training and proficiency check under parts 121 or 135 of this
chapter. This is a non-substantive correction because parts 121 and 135
already allow the use of a flight simulator in an approved training
course and for the required proficiency/competency check.
14 CFR 61.55(j)
We are deleting the phrase ``who is qualifying under the terms of
paragraph (g) of this section'' because it is
[[Page 61890]]
unnecessary. We also made editorial changes for the purpose of clarity.
Under our rules in effect before we adopted the August 4, 2005,
final rule, certain pilots who received SIC training in an approved
flight simulator did not have to complete at least one takeoff and
landing in an aircraft of the type for which they were seeking the SIC
qualification. See pre-existing 14 CFR 61.55(d). The August 4, 2005,
final rule eliminated the exception. This had the unintentional effect
of requiring the previously exempt simulator trainees to complete an
actual takeoff and landing. This is a significant new requirement--one
that we could not undertake without giving the public adequate notice
and opportunity to comment. Thus, this correction adds a sentence to
paragraph (j) of Sec. 61.55 to re-establish the pre-existing
exception. Pilots who complete a proficiency check under part 121
(i.e., Sec. 121.441) or competency check under subpart K, part 91
(i.e., Sec. 91.1065), part 125 (i.e., Sec. 125.287), or part 135
(i.e., Sec. 135.293) do not have to complete a takeoff and landing in
an aircraft of the type for which they seek the SIC qualification.
Good Cause for Foregoing Public Notice and Comment
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before a rule
takes effect. This is to comply with section 553(b) of the
Administrative Procedure Act (5 U.S.C. 553(b)). However, we can waive
the public notice and comment procedure if we find, for good cause,
that the notice and comment process is impracticable, unnecessary, or
contrary to the public interest. We must provide a statement of the
finding and the reasons for it.
The SIC pilot type rating requirements under the August 4, 2005,
final rule were subject to notice and comment procedures. This
correction notice makes changes to conform the regulatory text to the
requirements described in the preamble of the August 4, 2005, final
rule. This correction notice also changes incorrect references and
corrects errors in the pre-existing regulations that were inadvertently
carried over. This correction notice is intended to ensure that the
August 4, 2005, final rule accurately reflects the SIC pilot type
rating requirements. Therefore, we find it unnecessary to undertake
further notice and comment procedures with respect to this correction
notice.
Good Cause for Waiving the 30-Day Delay in Effective Date
We ordinarily provide a 30-day delay in the effective date of a
final rule after the date of publication in the Federal Register. This
is to comply with section 553(d) of the Administrative Procedure Act (5
U.S.C. 553(d)). However, we can waive the 30-day delay if we find, for
good cause, that the delay is impracticable, unnecessary, or contrary
to the public interest. We must provide a statement of the finding and
the reasons for it.
We find that it is in the public interest to ensure that the August
4, 2005, final rule accurately reflects the SIC pilot type rating
requirements. A delay in the effective date of these corrections would
be contrary to the public interest. We also find that it is in the
public interest to apply the changes in the correction notice
retroactively to September 6, 2005, the effective date of the August 4,
2005, final rule. There is a limited amount of time available for
affected pilots to comply with the final rule. The compliance date is
June 6, 2006. Any further delay in the effective date of these changes
would reduce the amount of time available.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, and Reporting and recordkeeping
requirements.
The Amendment
0
For the reasons stated above, the Federal Aviation Administration
amends Chapter I of Title 14 of the Code of Federal Regulations as
follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
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.
0
2. Amend Sec. 61.55 as follows:
0
a. Revise the introductory language of paragraph (a) as set forth
below;
0
b. Revise paragraph (a)(2) as set forth below;
0
c. Revise the introductory language of paragraph (b) as set forth
below;
0
d. Revise the introductory language of paragraph (b)(2) as set forth
below;
0
e. Revise the introductory language of paragraph (d) as set forth
below;
0
f. Revise the introductory language of paragraph (e) as set forth
below;
0
g. Revise the introductory language of paragraph (f) as set forth
below;
0
h. Revise paragraph (i) as set forth below; and
0
i. Revise paragraph (j) as set forth below:
Sec. 61.55 Second-in-command qualifications.
(a) A person may serve as a second-in-command of an aircraft type
certificated for more than one required pilot flight crewmember or in
operations requiring a second-in-command pilot flight crewmember only
if that person holds:
* * * * *
(2) An instrument rating or privilege that applies to the aircraft
being flown if the flight is under IFR; and
* * * * *
(b) Except as provided in paragraph (e) of this section, no person
may serve as a second-in-command of an aircraft type certificated for
more than one required pilot flight crewmember or in operations
requiring a second-in-command unless that person has within the
previous 12 calendar months:
* * * * *
(2) Except as provided in paragraph (g) of this section, performed
and logged pilot time in the type of aircraft or in a flight simulator
that represents the type of aircraft for which second-in-command
privileges are requested, which includes--
* * * * *
(d) A person may receive a second-in-command pilot type rating for
an aircraft after satisfactorily completing the second-in-command
familiarization training requirements under paragraph (b) of this
section in that type of aircraft provided the training was completed
within the 12 calendar months before the month of application for the
SIC pilot type rating. The person must comply with the following
application and pilot certification procedures:
* * * * *
(e) A person may receive a second-in-command pilot type rating for
the type of aircraft after satisfactorily completing an approved
second-in-command training program, proficiency check, or competency
check under subpart K of part 91, part 121, part 125, or part 135, as
appropriate, in that type of aircraft provided the training was
completed within the 12 calendar months before the month of application
for the SIC pilot type rating. The person must comply with the
following application and pilot certification procedures:
* * * * *
(f) The familiarization training requirements of paragraph (b) of
this section do not apply to a person who is:
* * * * *
(i) The training under paragraphs (b) and (d) of this section and
the training,
[[Page 61891]]
proficiency check, and competency check under paragraph (e) of this
section may be accomplished in a flight simulator that is used in
accordance with an approved training course conducted by a training
center certificated under part 142 of this chapter or under subpart K
of part 91, part 121 or part 135 of this chapter.
(j) When an applicant for an initial second-in-command
qualification for a particular type of aircraft receives all the
training in a flight simulator, that applicant must satisfactorily
complete one takeoff and one landing in an aircraft of the same type
for which the qualification is sought. This requirement does not apply
to an applicant who completes a proficiency check under part 121 or
competency check under subpart K, part 91, part 125, or part 135 for
the particular type of aircraft.
Issued in Washington, DC, on October 21, 2005.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division, Office of the Chief
Counsel.
[FR Doc. 05-21463 Filed 10-26-05; 8:45 am]
BILLING CODE 4910-13-P
