Certified Flight Instructor Flight Reviews; Recent Pilot in Command Experience; Airmen Online Services; Confirmation of Effective Date, 66261-66263 [2013-26472]
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Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations
within 50 flight cycles after the effective date
of this AD.
(ii) For airplanes that, as of the effective
date of this AD, have accumulated 10,000
flight cycles or more but fewer than 11,000
flight cycles since the incorporation of the
actions specified in EMBRAER Service
Bulletin 145–53–0058: Do the inspection
within 11,050 flight cycles after the
incorporation of the actions specified in
EMBRAER Service Bulletin 145–53–0058, or
within 150 flight cycles after the effective
date of this AD, whichever occurs first.
(iii) For airplanes that, as of the effective
date of this AD, have accumulated 7,500
flight cycles or more but fewer than 10,000
flight cycles since the incorporation of the
actions specified in EMBRAER Service
Bulletin 145–53–0058: Do the inspection
within 10,150 flight cycles after the
incorporation of the actions specified in
EMBRAER Service Bulletin 145–53–0058, or
within 500 flight cycles after the effective
date of this AD, whichever occurs first.
(iv) For airplanes that, as of the effective
date of this AD, accumulated fewer than
7,500 flight cycles since the incorporation of
the actions specified in EMBRAER Service
Bulletin 145–53–0058: Do the inspection
within 8,000 flight cycles after the
incorporation of the actions specified in
EMBRAER Service Bulletin 145–53–0058, or
within 5,000 flight cycles after the effective
date of this AD, whichever occurs first.
wreier-aviles on DSK5TPTVN1PROD with RULES
(h) Corrective Actions
If, during any inspection required by
paragraph (g) of this AD, any discrepancy is
found or if, during any check required by
paragraph (g) of this AD, any bolt is found
that is not tight, before further flight, do the
replacement of the attaching parts of the
lower eyelet fitting of the cockpit windshield
center-post, including doing a general visual
inspection for damage on the eyelet fitting; in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
145–53–0082, dated October 18, 2013. If any
damage to the eyelet fitting is found, before
further flight, repair using a method
approved by the Manager, International
Branch, ANM–116, Transport Airplane
ˆ
Directorate, FAA; or Agencia Nacional de
Aviacao Civil (ANAC) (or its delegated agent,
¸˜
or by the Design Approval Holder (DAH)
with ANAC design organization approval).
For a repair method to be approved, the
repair approval must specifically refer to this
AD.
(i) Optional Terminating Action
For Group 1 airplanes, and Group 2
airplanes (airplanes on which the actions
specified in EMBRAER Service Bulletin 145–
53–0058, dated December 23, 2004; or
Revision 01, dated March 30, 2007; have
been done), as identified in EMBRAER
Service Bulletin 145–53–0082, dated October
18, 2013: Doing the replacement of the
attaching parts of the lower eyelet fitting of
the cockpit windshield center-post, including
doing a general visual inspection for damage
on the eyelet fitting if any discrepancy is
found in any bolts, terminates the
inspections required by paragraph (g) of this
AD. The replacement specified in this
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14:54 Nov 04, 2013
Jkt 232001
paragraph must be done in accordance with
the Accomplishment Instructions of
EMBRAER Service Bulletin 145–53–0082,
dated October 18, 2013, except as required by
paragraph (j) of this AD.
(j) Service Information Exception
Where EMBRAER Service Bulletin 145–
53–0082, dated October 18, 2013, specifies to
contact Embraer if there are signs of damage
on the eyelet fitting, before further flight,
repair using a method approved by the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA; or
ANAC (or its delegated agent, or by the DAH
with ANAC design organization approval).
For a repair method to be approved, the
repair approval must specifically refer to this
AD.
(k) Credit for Previous Actions
This paragraph provides credit for actions
specified in paragraphs (g), (h), and (i) of this
AD, if those actions were performed before
the effective date of this AD using EMBRAER
Alert Service Bulletin 145–53–A082, dated
September 22, 2013; or EMBRAER Alert
Service Bulletin 145–53–A082, Revision 01,
dated September 26, 2013; which are not
incorporated by reference in this AD.
(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1175; fax 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office. The AMOC approval letter
must specifically reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
were approved by the State of Design
Authority (or its delegated agent, or the
Design Approval Holder with a State of
Design Authority’s design organization
approval, as applicable). For a repair method
to be approved, the repair approval must
specifically refer to this AD. You are required
to ensure the product is airworthy before it
is returned to service.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Brazilian
Emergency Airworthiness Directive 2013–
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Frm 00013
Fmt 4700
Sfmt 4700
66261
10–01, effective October 3, 2013, for related
information. You may examine the MCAI on
the Internet at https://www.regulations.gov by
searching for and locating it in Docket No.
FAA–2013–0868.
(2) Service information identified in this
AD that is not incorporated by reference may
be obtained at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) EMBRAER Service Bulletin 145–53–
0082, dated October 18, 2013.
(ii) Reserved.
(3) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone
+55 12 3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; email distrib@
embraer.com.br; Internet https://
www.flyembraer.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
25, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–26323 Filed 11–4–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No.: FAA–2013–0780; Amdt. No.
61–131]
RIN 2120–AK23
Certified Flight Instructor Flight
Reviews; Recent Pilot in Command
Experience; Airmen Online Services;
Confirmation of Effective Date
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
E:\FR\FM\05NOR1.SGM
05NOR1
66262
Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations
This action confirms the
effective date of the direct final rule
published on September 16, 2013, and
responds to the comments received on
that direct final rule. The rule permits
an airman who passes a practical test for
issuance of a flight instructor certificate,
a practical test for the addition of a
rating to a flight instructor certificate, a
practical test for renewal of a flight
instructor certificate, or a practical test
for the reinstatement of a flight
instructor certificate to meet the 24calendar month flight review
requirements. This rule also clarifies
that the generally applicable recent
flight experience requirements do not
apply to a pilot in command who is
employed by a commuter or on-demand
operator if the pilot in command is in
compliance with the specific pilot in
command qualifications and recent
experience requirements for that
commuter or on-demand operator.
Finally, this rule permits replacement
airman and medical certificates to be
requested online, or by any other
method acceptable to the Administrator.
These changes relieve regulatory
burdens and clarify existing regulations.
DATES: The direct final rule published
September 16, 2013, at 78 FR 56822,
becomes effective on November 15,
2013.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
action, see ‘‘How To Obtain Additional
Information’’ in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Allan G. Kash, Airmen
Certification and Training Branch,
Flight Standards Service, AFS–810,
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
385–9621; email allan.g.kash@faa.gov.
For legal questions concerning this
action, contact Anne Moore, Office of
the Chief Counsel—International Law,
Legislation, and Regulations Division,
AGC–200, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–3123; email
anne.moore@faa.gov.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
Background and Discussion of the
Direct Final Rule
Flight Review
The purpose of the flight review is to
provide for a regular assessment of pilot
skills and aeronautical knowledge.
When the requirement was first
VerDate Mar<15>2010
14:54 Nov 04, 2013
Jkt 232001
introduced, the FAA stated that the
flight review would assure that every
pilot would have a qualified individual
comment on his or her competency at
least once every two years, as discussed
in 38 FR 3156 (February 1, 1973).
Section 61.56 sets forth certain
exceptions to the requirement for a pilot
to accomplish a flight review. Among
these exceptions, a person who has,
within the prescribed 24-month period,
‘‘passed a pilot proficiency check
conducted by an FAA examiner, an
approved pilot check airman, or a U.S.
Armed Force, for a pilot certificate,
rating, or operating privilege,’’ need not
accomplish the required flight review
required by § 61.56(d). In addition,
pilots employed by a part 119 certificate
holder conducting operations under part
121 and part 135 receive recurring
training and proficiency checks,
conducted by an FAA examiner or
approved pilot check airman provided
by their employer, which exceed the
requirements of a flight review.
Industry advocacy groups indicated
they believed that the flight instructor
certification covers much more than the
regulatory requirements of a flight
review. These groups indicated support
for amendment of the regulations to
allow for a flight instructor practical test
to be included as an exception to
completing a flight review. As discussed
further in the direct final rule, the FAA
agreed with this view. The direct final
rule published September 16, 2013,
modified § 61.56(d) to allow an airman
who passes a practical test for issuance
of a flight instructor certificate, a
practical test for the addition of a rating
to a flight instructor certificate, a
practical test for renewal of a flight
instructor certificate, or a practical test
for the reinstatement of a flight
instructor certificate to meet the flight
review requirements of 14 CFR part 61.
Recent Flight Experience
Section 61.57 sets forth the recent
flight experience requirements to act as
pilot in command of an aircraft. Section
61.57(e)(2) states that this section does
not apply ‘‘to a pilot in command who
is employed by an air carrier certificated
under part 121 or 135 and is engaged in
a flight operation under part 91, 121, or
135 for that air carrier if the pilot is in
compliance with’’ the pilot-in-command
requirements in § 121.435 or § 121.436,
as applicable, and § 121.439 or
§§ 135.243 and 135.247, as appropriate.
The FAA received several requests for
clarification of whether, under the
specific language of § 61.57(e)(2), the
exception applies only to a pilot in
command employed by the holder of a
part 119 air carrier certificate or whether
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
it also extends to a pilot in command
employed by the holder of a part 119
operating certificate.
When the FAA first proposed this
exception to the recent flight experience
requirements in § 61.57, it stated that
the intention was to provide relief from
‘‘essentially redundant recency
requirements’’ for part 121 and part 135
operators and their pilots in command
(59 FR 56385, November 14, 1994). In
that final rule, then-§ 61.57(f) stated that
the recent flight experience
requirements in part 61 did not apply
‘‘to a pilot in command, employed by a
14 CFR part 121 or part 135 operator,
engaged in flight operations under 14
CFR part 91, 121, or 135 for that
operator.’’ The FAA refined the
language in a 1997 final rule and, in
doing so, introduced the term ‘‘air
carrier’’ in place of the term ‘‘operator’’
(62 FR 16220, April 7, 1997).
The FAA did not intend to limit the
exception to pilots employed by air
carriers operating in parts 121 and 135.
The FAA intended to include any pilot
in command who is employed by a part
119 certificate holder authorized to
conduct operations under part 121 or
part 135 when the pilot is engaged in
operations under parts 91, 121, or 135
for that certificate holder if the pilot in
command is in compliance with
§§ 121.435 or 121.436, as applicable,
and § 121.439 or §§ 135.243 and
135.247, as appropriate.
Consequently, in the direct final rule
published September 16, 2013, the FAA
amended the language in § 61.57(e) to
make clear that the recent flight
experience requirements of that section
do not apply to a pilot in command who
is employed by the holder of an
operating certificate that is conducting
operations under part 121 or part 135 if
the pilot in command is also in
compliance with § 121.435 or § 121.436,
as applicable, and § 121.439, or
§§ 135.243 and 135.247, as appropriate.
Airmen Online Services
In the case of a lost or destroyed
airman or medical certificate, § 61.29(a)
and (b) permit a pilot to request the
replacement of a lost or destroyed
airman certificate issued under part 61.
Replacement airman certificates may be
requested by letter to the Department of
Transportation, FAA, Airmen
Certification Branch, and replacement
medical certificates may be requested by
letter to the Department of
Transportation, FAA, Aerospace
Medical Certification Division.
Although current regulations
recognize requests for replacement
certificates only by letter, the FAA has
established Airmen Online Services
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Federal Register / Vol. 78, No. 214 / Tuesday, November 5, 2013 / Rules and Regulations
through which a pilot can request a
replacement airman certificate or obtain
a document that provides temporary
authority to exercise the privileges of an
airman certificate by facsimile or
through internet download at the FAA
Web site: https://www.faa.gov/licenses_
certificates/airmen_certification/
certificate_replacement/. The use of
Airmen Online Services is not
addressed or recognized in § 61.29.
Therefore, in the direct final rule
published September 16, 2013, the FAA
amended the language in § 61.29 to
reflect the use of Airmen Online
Services or any method acceptable to
the FAA for the purpose of obtaining a
replacement certificate or 60-day
authority to exercise the privileges of a
lost or stolen certificate.
The FAA also revised § 61.3 to clarify
that temporary documents issued under
§ 61.29(e) are acceptable for meeting the
§ 61.3 requirement that a pilot have his
or her pilot certificate and medical
certificate in the person’s physical
possession when serving as a required
flightcrew member.
Discussion of Comments
The FAA received 7 comments to the
direct final rule. All commenters
supported the rule as published.
Commenters supported the regulatory
changes, noting that they would relieve
burdens for the regulated community,
and would potentially reduce costs for
certified flight instructors.
Conclusion
After consideration of the comments
submitted in response to the direct final
rule, the FAA has determined that no
further rulemaking action is necessary.
Therefore, the direct final rule
published September 16, 2013 at 78 FR
56822, Amendment No. 61–131, will
become effective November 15, 2013.
ARM–1, 800 Independence Avenue
SW., Washington, DC 20591, or by
calling (202) 267–9680.
B. Comments Submitted to the Docket
Comments received may be viewed by
going to https://www.regulations.gov and
following the online instructions to
search the docket number for this
action. Anyone is able to search the
electronic form of all comments
received into any of the FAA’s dockets
by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
C. 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 on the Internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on December 31, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013–26472 Filed 11–4–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
wreier-aviles on DSK5TPTVN1PROD with RULES
How To Obtain Additional Information
21 CFR Parts 510, 520, 522, and 558
A. Rulemaking Documents
An electronic copy of a rulemaking
document my be obtained by using the
Internet—
1. Search the Federal eRulemaking
Portal at 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.gpo.gov/fdsys/.
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,
[Docket No. FDA–2013–N–0002]
VerDate Mar<15>2010
14:54 Nov 04, 2013
Jkt 232001
New Animal Drugs; Afoxolaner;
Carprofen; Ceftiofur Hydrochloride;
Monensin
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval actions for new animal drug
applications (NADAs) and abbreviated
new animal drug applications
(ANADAs) during September 2013. FDA
is also informing the public of the
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
66263
availability of summaries on the basis of
approval and of environmental review
documents, where applicable. The
animal drug regulations are also being
amended to reflect a change of
sponsorship for an ANADA.
This rule is effective November
5, 2013.
DATES:
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9019,
george.haibel@fda.hhs.gov.
FDA is
amending the animal drug regulations to
reflect approval actions for NADAs and
ANADAs during September 2013, as
listed in table 1. In addition, FDA is
informing the public of the availability,
where applicable, of documentation of
environmental review required under
the National Environmental Policy Act
(NEPA) and, for actions requiring
review of safety or effectiveness data,
summaries of the basis of approval (FOI
Summaries) under the Freedom of
Information Act (FOIA). These public
documents may be seen in the Division
of Dockets Management (HFA–305),
Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD
20852, between 9 a.m. and 4 p.m.,
Monday through Friday. Persons with
access to the Internet may obtain these
documents at the Center for Veterinary
Medicine FOIA Electronic Reading
Room: https://www.fda.gov/AboutFDA/
CentersOffices/OfficeofFoods/CVM/
CVMFOIAElectronicReadingRoom/
default.htm.
In addition, Piedmont Animal Health,
204 Muirs Chapel Rd., suite 200,
Greensboro, NC 27410 has informed
FDA that it has transferred ownership
of, and all rights and interest in,
ANADA 200–555 for LIBREVIA
(carprofen) Soft Chewable Tablets to
Bayer HealthCare LLC, Animal Health
Division, P.O. Box 390, Shawnee
Mission, KS 66201. Accordingly, the
Agency is amending the regulations to
reflect this change of sponsorship.
Following this change of sponsorship,
Piedmont Animal Health is no longer a
sponsor of an approved NADA.
Accordingly, FDA is amending 21 CFR
510.600 to remove the entries for this
firm.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\05NOR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66261-66263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26472]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No.: FAA-2013-0780; Amdt. No. 61-131]
RIN 2120-AK23
Certified Flight Instructor Flight Reviews; Recent Pilot in
Command Experience; Airmen Online Services; Confirmation of Effective
Date
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; confirmation of effective date.
-----------------------------------------------------------------------
[[Page 66262]]
SUMMARY: This action confirms the effective date of the direct final
rule published on September 16, 2013, and responds to the comments
received on that direct final rule. The rule permits an airman who
passes a practical test for issuance of a flight instructor
certificate, a practical test for the addition of a rating to a flight
instructor certificate, a practical test for renewal of a flight
instructor certificate, or a practical test for the reinstatement of a
flight instructor certificate to meet the 24-calendar month flight
review requirements. This rule also clarifies that the generally
applicable recent flight experience requirements do not apply to a
pilot in command who is employed by a commuter or on-demand operator if
the pilot in command is in compliance with the specific pilot in
command qualifications and recent experience requirements for that
commuter or on-demand operator. Finally, this rule permits replacement
airman and medical certificates to be requested online, or by any other
method acceptable to the Administrator. These changes relieve
regulatory burdens and clarify existing regulations.
DATES: The direct final rule published September 16, 2013, at 78 FR
56822, becomes effective on November 15, 2013.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this action, see ``How To
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Allan G. Kash, Airmen Certification and Training
Branch, Flight Standards Service, AFS-810, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 385-9621; email allan.g.kash@faa.gov.
For legal questions concerning this action, contact Anne Moore,
Office of the Chief Counsel--International Law, Legislation, and
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; email anne.moore@faa.gov.
SUPPLEMENTARY INFORMATION:
Background and Discussion of the Direct Final Rule
Flight Review
The purpose of the flight review is to provide for a regular
assessment of pilot skills and aeronautical knowledge. When the
requirement was first introduced, the FAA stated that the flight review
would assure that every pilot would have a qualified individual comment
on his or her competency at least once every two years, as discussed in
38 FR 3156 (February 1, 1973).
Section 61.56 sets forth certain exceptions to the requirement for
a pilot to accomplish a flight review. Among these exceptions, a person
who has, within the prescribed 24-month period, ``passed a pilot
proficiency check conducted by an FAA examiner, an approved pilot check
airman, or a U.S. Armed Force, for a pilot certificate, rating, or
operating privilege,'' need not accomplish the required flight review
required by Sec. 61.56(d). In addition, pilots employed by a part 119
certificate holder conducting operations under part 121 and part 135
receive recurring training and proficiency checks, conducted by an FAA
examiner or approved pilot check airman provided by their employer,
which exceed the requirements of a flight review.
Industry advocacy groups indicated they believed that the flight
instructor certification covers much more than the regulatory
requirements of a flight review. These groups indicated support for
amendment of the regulations to allow for a flight instructor practical
test to be included as an exception to completing a flight review. As
discussed further in the direct final rule, the FAA agreed with this
view. The direct final rule published September 16, 2013, modified
Sec. 61.56(d) to allow an airman who passes a practical test for
issuance of a flight instructor certificate, a practical test for the
addition of a rating to a flight instructor certificate, a practical
test for renewal of a flight instructor certificate, or a practical
test for the reinstatement of a flight instructor certificate to meet
the flight review requirements of 14 CFR part 61.
Recent Flight Experience
Section 61.57 sets forth the recent flight experience requirements
to act as pilot in command of an aircraft. Section 61.57(e)(2) states
that this section does not apply ``to a pilot in command who is
employed by an air carrier certificated under part 121 or 135 and is
engaged in a flight operation under part 91, 121, or 135 for that air
carrier if the pilot is in compliance with'' the pilot-in-command
requirements in Sec. 121.435 or Sec. 121.436, as applicable, and
Sec. 121.439 or Sec. Sec. 135.243 and 135.247, as appropriate. The
FAA received several requests for clarification of whether, under the
specific language of Sec. 61.57(e)(2), the exception applies only to a
pilot in command employed by the holder of a part 119 air carrier
certificate or whether it also extends to a pilot in command employed
by the holder of a part 119 operating certificate.
When the FAA first proposed this exception to the recent flight
experience requirements in Sec. 61.57, it stated that the intention
was to provide relief from ``essentially redundant recency
requirements'' for part 121 and part 135 operators and their pilots in
command (59 FR 56385, November 14, 1994). In that final rule, then-
Sec. 61.57(f) stated that the recent flight experience requirements in
part 61 did not apply ``to a pilot in command, employed by a 14 CFR
part 121 or part 135 operator, engaged in flight operations under 14
CFR part 91, 121, or 135 for that operator.'' The FAA refined the
language in a 1997 final rule and, in doing so, introduced the term
``air carrier'' in place of the term ``operator'' (62 FR 16220, April
7, 1997).
The FAA did not intend to limit the exception to pilots employed by
air carriers operating in parts 121 and 135. The FAA intended to
include any pilot in command who is employed by a part 119 certificate
holder authorized to conduct operations under part 121 or part 135 when
the pilot is engaged in operations under parts 91, 121, or 135 for that
certificate holder if the pilot in command is in compliance with
Sec. Sec. 121.435 or 121.436, as applicable, and Sec. 121.439 or
Sec. Sec. 135.243 and 135.247, as appropriate.
Consequently, in the direct final rule published September 16,
2013, the FAA amended the language in Sec. 61.57(e) to make clear that
the recent flight experience requirements of that section do not apply
to a pilot in command who is employed by the holder of an operating
certificate that is conducting operations under part 121 or part 135 if
the pilot in command is also in compliance with Sec. 121.435 or Sec.
121.436, as applicable, and Sec. 121.439, or Sec. Sec. 135.243 and
135.247, as appropriate.
Airmen Online Services
In the case of a lost or destroyed airman or medical certificate,
Sec. 61.29(a) and (b) permit a pilot to request the replacement of a
lost or destroyed airman certificate issued under part 61. Replacement
airman certificates may be requested by letter to the Department of
Transportation, FAA, Airmen Certification Branch, and replacement
medical certificates may be requested by letter to the Department of
Transportation, FAA, Aerospace Medical Certification Division.
Although current regulations recognize requests for replacement
certificates only by letter, the FAA has established Airmen Online
Services
[[Page 66263]]
through which a pilot can request a replacement airman certificate or
obtain a document that provides temporary authority to exercise the
privileges of an airman certificate by facsimile or through internet
download at the FAA Web site: https://www.faa.gov/licenses_certificates/airmen_certification/certificate_replacement/. The use
of Airmen Online Services is not addressed or recognized in Sec.
61.29. Therefore, in the direct final rule published September 16,
2013, the FAA amended the language in Sec. 61.29 to reflect the use of
Airmen Online Services or any method acceptable to the FAA for the
purpose of obtaining a replacement certificate or 60-day authority to
exercise the privileges of a lost or stolen certificate.
The FAA also revised Sec. 61.3 to clarify that temporary documents
issued under Sec. 61.29(e) are acceptable for meeting the Sec. 61.3
requirement that a pilot have his or her pilot certificate and medical
certificate in the person's physical possession when serving as a
required flightcrew member.
Discussion of Comments
The FAA received 7 comments to the direct final rule. All
commenters supported the rule as published. Commenters supported the
regulatory changes, noting that they would relieve burdens for the
regulated community, and would potentially reduce costs for certified
flight instructors.
Conclusion
After consideration of the comments submitted in response to the
direct final rule, the FAA has determined that no further rulemaking
action is necessary. Therefore, the direct final rule published
September 16, 2013 at 78 FR 56822, Amendment No. 61-131, will become
effective November 15, 2013.
How To Obtain Additional Information
A. Rulemaking Documents
An electronic copy of a rulemaking document my be obtained by using
the Internet--
1. Search the Federal eRulemaking Portal at 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.gpo.gov/fdsys/.
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 (202) 267-9680.
B. Comments Submitted to the Docket
Comments received may be viewed by going to https://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
C. 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 on the Internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on December 31, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-26472 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-13-P
