Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment, 1-2 [2015-32998]
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Rules and Regulations
Federal Register
Vol. 81, No. 1
Monday, January 4, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 121, and 135
[Docket No. FAA–2010–0100; Amdt. Nos.
61–130C, 121–365B, 135–127B]
RIN 2120–AJ67
Pilot Certification and Qualification
Requirements for Air Carrier
Operations; Technical Amendment
Federal Aviation
Administration, DOT.
AGENCY:
Final rule; technical
amendment.
ACTION:
The FAA is correcting a final
rule published on July 15, 2013. In that
rule, the FAA amended its regulations
to create new certification and
qualification requirements for pilots in
air carrier operations. The FAA
unintentionally required without notice
and comment that if a certificate holder
conducting part 135 operations who has
voluntarily chosen and been authorized
to comply with the part 121 training and
qualification requirements, a pilot
serving as a second in command in part
135 for that certificate holder is required
to have an airline transport pilot
certificate and an aircraft type rating.
This document corrects those errors and
makes several additional miscellaneous
corrections to part 61 and a crossreference error in part 121.
SUMMARY:
DATES:
Effective: January 4, 2016.
tkelley on DSK3SPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Barbara Adams, Air Transportation
Division, AFS–200, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–8166; email
barbara.adams@faa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:36 Dec 31, 2015
Jkt 238001
Background
On July 15, 2013, the FAA published
a final rule entitled, ‘‘Pilot Certification
and Qualification Requirements for Air
Carrier Operations’’ (78 FR 42324). In
that final rule, which became effective
July 15, 2013, the FAA revised the pilot
certificate requirements for a second in
command (SIC) in part 121 operations.
Section 121.436(b) requires the SIC to
hold an ATP certificate and an aircraft
type rating for the airplane flown.
The FAA intended these certification
requirements to apply only to pilots
serving in part 121 operations. Existing
§ 135.3(c) states, however, that if
authorized by the Administrator upon
application, each certificate holder that
conducts operations under part 135 to
which § 135.3(b) does not apply,1 may
comply with the applicable sections of
subparts N and O of part 121 instead of
the requirements of subparts E, G, and
H of part 135.2
Each certificate holder conducting
part 135 operations who has voluntarily
chosen and been authorized to comply
with the part 121 training and
qualification requirements, is required
to comply with Subparts N and O of
part 121. Because the certification
requirements in § 121.436 are located in
subpart O of part 121, an SIC in those
operations is now required by reference
to hold an ATP certificate and an
aircraft type rating. The FAA did not
discuss this issue in the preamble to the
final rule nor did the FAA intend to
impose this requirement on certificate
holders conducting part 135 operations
who have voluntarily chosen and been
authorized to comply with the part 121
training and qualification requirements.
Technical Amendment
Because the FAA did not intend to
impose additional requirements on SICs
serving in part 135 operations in which
the certificate holder has voluntarily
chosen and been authorized to comply
with the part 121 training and
qualification requirements, the FAA is
revising § 135.3(c) to clarify that an SIC
1 Section
135.3(b) states that each certificate
holder that conducts commuter operations under
part 135 with airplanes in which two pilots are
required by the aircraft type certificate must comply
with subparts N and O of part 121 instead of the
requirements of subparts E, G, and H of part 135.
2 The regulation contains a provision that allows
the certificate holder to comply with the operating
experience requirements of § 135.244 instead of the
requirements of § 121.434.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
in those part 135 operations does not
need to comply with § 121.436(b) but
may continue to hold a commercial
pilot certificate with an instrument
rating.
The FAA is also making three minor
corrections that have been identified
since publication of the final rule. In
§ 61.155(d), the FAA is making it clear
that the training required by § 61.156 is
only required for those pilots seeking an
ATP certificate in the airplane category
with a multiengine class rating. In
§ 61.165(f)(2), the FAA is clarifying that
a knowledge test applicable to
multiengine airplanes is required only if
the pilot does not have valid ATP
airplane knowledge test results that
were taken prior to August 1, 2014. This
correction is necessary to be consistent
with the eligibility requirements in
§ 61.153, which is referenced in
§ 61.165(f)(1). The FAA notes that until
July 31, 2016, pilots will be able to use
the same ATP-airplane knowledge test
with passing results taken prior to
August 1, 2014, for both the ATP
airplane single-engine class rating and
multiengine class rating practical tests.
In § 61.167(a)(2), the FAA is correcting
the inadvertent exclusion of helicopter
pilots that hold an ATP certificate in the
rotorcraft category from the privilege of
instructing.
Finally, the FAA is correcting a crossreference error. In § 121.431, the FAA is
correcting the cross-reference in
paragraph (a)(1) to reflect § 135.244
rather than § 135.344.
Because these amendments clarify
existing requirements and result in no
substantive change, the FAA finds that
the notice and public procedures under
5 U.S.C. 553(b) are unnecessary. For the
same reason, the FAA finds good cause
exists under 5 U.S.C. 553(d)(3) to make
the amendments effective in less than
30 days.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety.
14 CFR Part 121
Air carriers, Aircraft, Airmen,
Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation
safety.
E:\FR\FM\04JAR1.SGM
04JAR1
2
Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules and Regulations
Correcting Amendment
In consideration of the foregoing, the
Federal Aviation Administration is
amending chapter I of title 14, Code of
Federal Regulations as follows:
PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61
continues to read as follows:
■
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
7. The authority citation for part 121
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
40119, 41706, 44101, 44701–44702, 44705,
44709–44711, 44713, 44716–44717, 44722,
44729, 44732, 46105; Pub. L. 111–216, 124
Stat. 2348 (49 U.S.C. 44701 note); Pub. L.
112–95, 126 Stat. 62 (49 U.S.C. 44732 note).
8. In § 121.431, revise paragraph (a)(1)
to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 44729,
45102–45103, 45301–45302.
■
2. In § 61.155, revise paragraph (d) to
read as follows:
(a) * * *
(1) Prescribes crewmember
qualifications for all certificate holders
except where otherwise specified. The
qualification requirements of this
subpart also apply to each certificate
holder that conducts commuter
operations under part 135 of this
chapter with airplanes for which two
pilots are required by the aircraft type
certification rules of this chapter. The
Administrator may authorize any other
certificate holder that conducts
operations under part 135 of this
chapter to comply with the training and
qualification requirements of this
subpart instead of subparts E, G, and H
of part 135 of this chapter, except that
these certificate holders may choose to
comply with the operating experience
requirements of § 135.244 of this
chapter, instead of the requirements of
§ 121.434. Notwithstanding the
requirements of this subpart, a pilot
serving under part 135 of this chapter as
second in command may meet the
requirements of § 135.245 instead of the
requirements of § 121.436; and
*
*
*
*
*
■
§ 61.155
Aeronautical knowledge.
*
*
*
*
*
(d) An applicant who successfully
completes the knowledge test for an
airline transport pilot certificate prior to
August 1, 2014, must successfully
complete the practical test within 24
months from the month in which the
knowledge test was successfully
completed. An applicant who passes the
knowledge test prior to August 1, 2014,
but fails to successfully complete the
airplane category with a multiengine
class rating practical test within 24
months must complete the airline
transport pilot certification training
program specified in § 61.156 and retake
the knowledge test prior to applying for
the airplane category with a multiengine
class rating practical test.
■ 3. In § 61.165, revise paragraph (f)(2)
to read as follows:
§ 61.165 Additional aircraft category and
class ratings.
*
*
*
*
*
(f) * * *
(2) After July 31, 2014, pass a required
knowledge test on the aeronautical
knowledge areas of § 61.155(c), as
applicable to multiengine airplanes;
unless a pilot can present valid airline
transport pilot knowledge test results
from a test taken prior to August 1,
2014.
*
*
*
*
*
■ 4. In § 61.167, revise paragraph (a)(2)
introductory text to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
§ 61.167 Airline transport pilot privileges
and limitations.
(a) * * *
(2) A person who holds an airline
transport pilot certificate and has met
the aeronautical experience
requirements of § 61.159 or § 61.161,
and the age requirements of
§ 61.153(a)(1) of this part may instruct—
*
*
*
*
*
VerDate Sep<11>2014
16:36 Dec 31, 2015
Jkt 238001
§ 121.431
Applicability.
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
9. The authority citation for part 135
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 41706,
40113, 44701–44702, 44705, 44709, 44711–
44713, 44715–44717, 44722, 44730, 45101–
45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C.
44730).
10. In § 135.3, revise paragraph (c) to
read as follows:
■
§ 135.3 Rules applicable to operations
subject to this part.
*
*
*
*
*
(c) If authorized by the Administrator
upon application, each certificate holder
that conducts operations under this part
to which paragraph (b) of this section
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
does not apply, may comply with the
applicable sections of subparts N and O
of part 121 instead of the requirements
of subparts E, G, and H of this part,
except that those authorized certificate
holders may choose to comply with the
operating experience requirements of
§ 135.244, instead of the requirements of
§ 121.434 of this chapter.
Notwithstanding the requirements of
this paragraph, a pilot serving under
this part as second in command may
meet the requirements of § 135.245
instead of the requirements of § 121.436.
Issued in Washington, DC under the
authority provided by 49 U.S.C. 106(f),
44701(a) and Secs. 216–217, Public Law 111–
216, 124 Stat. 2348 on December 23, 2015.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2015–32998 Filed 12–31–15; 8:45 am]
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16 CFR Parts 1109 and 1500
[Docket No. CPSC–2011–0081]
Amendment To Clarify When
Component Part Testing Can Be Used
and Which Textile Products Have Been
Determined Not To Exceed the
Allowable Lead Content Limits; Delay
of Effective Date and Reopening of
Comment Period
U.S. Consumer Product Safety
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ACTION: Direct final rule; delay of
effective date and reopening of
comment period.
AGENCY:
The Consumer Product Safety
Commission (‘‘Commission’’ or ‘‘CPSC’’)
published a direct final rule (‘‘DFR’’)
and notice of proposed rulemaking
(‘‘NPR’’) in the same issue of the
Federal Register on October 14, 2015,
clarifying when component part testing
can be used and clarifying which textile
products have been determined not to
exceed the allowable lead content
limits. Because the comment period
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incorrectly on regulations.gov, the
Commission is reopening the comment
period to accept comments submitted by
January 13, 2016, and is delaying the
effective date of the DFR to February 12,
2016.
DATES: The effective date of the direct
final rule published on October 14,
2015, at 80 FR 61729, which was
delayed from December 14, 2015, until
January 13, 2016 by a document
published on November 19, 2015 at 80
SUMMARY:
E:\FR\FM\04JAR1.SGM
04JAR1
]]>Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 1-2]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32998]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules
and Regulations
[[Page 1]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 121, and 135
[Docket No. FAA-2010-0100; Amdt. Nos. 61-130C, 121-365B, 135-127B]
RIN 2120-AJ67
Pilot Certification and Qualification Requirements for Air
Carrier Operations; Technical Amendment
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting a final rule published on July 15, 2013.
In that rule, the FAA amended its regulations to create new
certification and qualification requirements for pilots in air carrier
operations. The FAA unintentionally required without notice and comment
that if a certificate holder conducting part 135 operations who has
voluntarily chosen and been authorized to comply with the part 121
training and qualification requirements, a pilot serving as a second in
command in part 135 for that certificate holder is required to have an
airline transport pilot certificate and an aircraft type rating. This
document corrects those errors and makes several additional
miscellaneous corrections to part 61 and a cross-reference error in
part 121.
DATES: Effective: January 4, 2016.
FOR FURTHER INFORMATION CONTACT: Barbara Adams, Air Transportation
Division, AFS-200, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email
barbara.adams@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2013, the FAA published a final rule entitled, ``Pilot
Certification and Qualification Requirements for Air Carrier
Operations'' (78 FR 42324). In that final rule, which became effective
July 15, 2013, the FAA revised the pilot certificate requirements for a
second in command (SIC) in part 121 operations. Section 121.436(b)
requires the SIC to hold an ATP certificate and an aircraft type rating
for the airplane flown.
The FAA intended these certification requirements to apply only to
pilots serving in part 121 operations. Existing Sec. 135.3(c) states,
however, that if authorized by the Administrator upon application, each
certificate holder that conducts operations under part 135 to which
Sec. 135.3(b) does not apply,\1\ may comply with the applicable
sections of subparts N and O of part 121 instead of the requirements of
subparts E, G, and H of part 135.\2\
---------------------------------------------------------------------------
\1\ Section 135.3(b) states that each certificate holder that
conducts commuter operations under part 135 with airplanes in which
two pilots are required by the aircraft type certificate must comply
with subparts N and O of part 121 instead of the requirements of
subparts E, G, and H of part 135.
\2\ The regulation contains a provision that allows the
certificate holder to comply with the operating experience
requirements of Sec. 135.244 instead of the requirements of Sec.
121.434.
---------------------------------------------------------------------------
Each certificate holder conducting part 135 operations who has
voluntarily chosen and been authorized to comply with the part 121
training and qualification requirements, is required to comply with
Subparts N and O of part 121. Because the certification requirements in
Sec. 121.436 are located in subpart O of part 121, an SIC in those
operations is now required by reference to hold an ATP certificate and
an aircraft type rating. The FAA did not discuss this issue in the
preamble to the final rule nor did the FAA intend to impose this
requirement on certificate holders conducting part 135 operations who
have voluntarily chosen and been authorized to comply with the part 121
training and qualification requirements.
Technical Amendment
Because the FAA did not intend to impose additional requirements on
SICs serving in part 135 operations in which the certificate holder has
voluntarily chosen and been authorized to comply with the part 121
training and qualification requirements, the FAA is revising Sec.
135.3(c) to clarify that an SIC in those part 135 operations does not
need to comply with Sec. 121.436(b) but may continue to hold a
commercial pilot certificate with an instrument rating.
The FAA is also making three minor corrections that have been
identified since publication of the final rule. In Sec. 61.155(d), the
FAA is making it clear that the training required by Sec. 61.156 is
only required for those pilots seeking an ATP certificate in the
airplane category with a multiengine class rating. In Sec.
61.165(f)(2), the FAA is clarifying that a knowledge test applicable to
multiengine airplanes is required only if the pilot does not have valid
ATP airplane knowledge test results that were taken prior to August 1,
2014. This correction is necessary to be consistent with the
eligibility requirements in Sec. 61.153, which is referenced in Sec.
61.165(f)(1). The FAA notes that until July 31, 2016, pilots will be
able to use the same ATP-airplane knowledge test with passing results
taken prior to August 1, 2014, for both the ATP airplane single-engine
class rating and multiengine class rating practical tests. In Sec.
61.167(a)(2), the FAA is correcting the inadvertent exclusion of
helicopter pilots that hold an ATP certificate in the rotorcraft
category from the privilege of instructing.
Finally, the FAA is correcting a cross-reference error. In Sec.
121.431, the FAA is correcting the cross-reference in paragraph (a)(1)
to reflect Sec. 135.244 rather than Sec. 135.344.
Because these amendments clarify existing requirements and result
in no substantive change, the FAA finds that the notice and public
procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason,
the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the
amendments effective in less than 30 days.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety.
[[Page 2]]
Correcting Amendment
In consideration of the foregoing, the Federal Aviation
Administration is amending chapter I of title 14, 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(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 45102-45103, 45301-45302.
0
2. In Sec. 61.155, revise paragraph (d) to read as follows:
Sec. 61.155 Aeronautical knowledge.
* * * * *
(d) An applicant who successfully completes the knowledge test for
an airline transport pilot certificate prior to August 1, 2014, must
successfully complete the practical test within 24 months from the
month in which the knowledge test was successfully completed. An
applicant who passes the knowledge test prior to August 1, 2014, but
fails to successfully complete the airplane category with a multiengine
class rating practical test within 24 months must complete the airline
transport pilot certification training program specified in Sec.
61.156 and retake the knowledge test prior to applying for the airplane
category with a multiengine class rating practical test.
0
3. In Sec. 61.165, revise paragraph (f)(2) to read as follows:
Sec. 61.165 Additional aircraft category and class ratings.
* * * * *
(f) * * *
(2) After July 31, 2014, pass a required knowledge test on the
aeronautical knowledge areas of Sec. 61.155(c), as applicable to
multiengine airplanes; unless a pilot can present valid airline
transport pilot knowledge test results from a test taken prior to
August 1, 2014.
* * * * *
0
4. In Sec. 61.167, revise paragraph (a)(2) introductory text to read
as follows:
Sec. 61.167 Airline transport pilot privileges and limitations.
(a) * * *
(2) A person who holds an airline transport pilot certificate and
has met the aeronautical experience requirements of Sec. 61.159 or
Sec. 61.161, and the age requirements of Sec. 61.153(a)(1) of this
part may instruct--
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
7. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 41706,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C.
44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note).
0
8. In Sec. 121.431, revise paragraph (a)(1) to read as follows:
Sec. 121.431 Applicability.
(a) * * *
(1) Prescribes crewmember qualifications for all certificate
holders except where otherwise specified. The qualification
requirements of this subpart also apply to each certificate holder that
conducts commuter operations under part 135 of this chapter with
airplanes for which two pilots are required by the aircraft type
certification rules of this chapter. The Administrator may authorize
any other certificate holder that conducts operations under part 135 of
this chapter to comply with the training and qualification requirements
of this subpart instead of subparts E, G, and H of part 135 of this
chapter, except that these certificate holders may choose to comply
with the operating experience requirements of Sec. 135.244 of this
chapter, instead of the requirements of Sec. 121.434. Notwithstanding
the requirements of this subpart, a pilot serving under part 135 of
this chapter as second in command may meet the requirements of Sec.
135.245 instead of the requirements of Sec. 121.436; and
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
9. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
10. In Sec. 135.3, revise paragraph (c) to read as follows:
Sec. 135.3 Rules applicable to operations subject to this part.
* * * * *
(c) If authorized by the Administrator upon application, each
certificate holder that conducts operations under this part to which
paragraph (b) of this section does not apply, may comply with the
applicable sections of subparts N and O of part 121 instead of the
requirements of subparts E, G, and H of this part, except that those
authorized certificate holders may choose to comply with the operating
experience requirements of Sec. 135.244, instead of the requirements
of Sec. 121.434 of this chapter. Notwithstanding the requirements of
this paragraph, a pilot serving under this part as second in command
may meet the requirements of Sec. 135.245 instead of the requirements
of Sec. 121.436.
Issued in Washington, DC under the authority provided by 49
U.S.C. 106(f), 44701(a) and Secs. 216-217, Public Law 111-216, 124
Stat. 2348 on December 23, 2015.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2015-32998 Filed 12-31-15; 8:45 am]
BILLING CODE 4910-13-P
