Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment, 1-2 [2015-32998]

Download as PDF 1 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] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 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 Commission. 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 deadline for the DFR was stated 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