Removal of Training Requirements for an Airline Transport Pilot Certificate Issued Concurrently With a Single-Engine Airplane Type Rating, 62081-62088 [2021-24411]
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Rules and Regulations
Federal Register
Vol. 86, No. 214
Tuesday, November 9, 2021
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No.: FAA–2018–1050; Amdt. No.
61–149]
RIN 2120–AL23
Removal of Training Requirements for
an Airline Transport Pilot Certificate
Issued Concurrently With a SingleEngine Airplane Type Rating
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule removes a
multiengine training requirement for
pilots seeking to obtain an initial airline
transport pilot (ATP) certificate
concurrently with a single-engine
airplane type rating. The final rule also
removes a 2014 compliance date
because it is no longer necessary.
DATES: This final rule is effective on
December 9, 2021.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
final rule, see ‘‘How to Obtain
Additional Information’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Barbara Adams, Air Transportation
Division, Training and Simulation
Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–8166; email:
Barbara.Adams@faa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Authority for This Rulemaking
The Federal Aviation Administration
(FAA) is responsible for the safety of
flight in the U.S. and for the safety of
U.S. civil operators, U.S. registered civil
aircraft, and U.S. certificated airmen.
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Sections 106(f) and (g) of title 49, U.S.
Code, subtitle I establish the FAA
Administrator’s authority to issue rules
on aviation safety. Subtitle VII of title
49, Aviation Programs, describes in
more detail the scope of the agency’s
authority.
The FAA is promulgating this
rulemaking under the authority
described in 49 U.S.C. 106(f), which
establishes the authority of the
Administrator to promulgate regulations
and rules; 49 U.S.C. 44701(a)(5), which
requires the Administrator to
promulgate regulations and minimum
standards for other practices, methods,
and procedures necessary for safety in
air commerce and national security; and
49 U.S.C. 44703(a), which requires the
Administrator to prescribe regulations
for the issuance of airman certificates
when the Administrator finds, after
investigation, that an individual is
qualified for, and physically able to
perform the duties related to, the
position authorized by the certificate.
This rulemaking is within the scope of
the FAA’s authority because it amends
the eligibility requirements for the
issuance of a single-engine airplane ATP
certificate.
List of Abbreviations and Acronyms
Frequently Used in This Document
ATP Airline Transport Pilot
ATP CTP Airline Transport Pilot
Certification Training Program
FSTD Flight Simulation Training Device
NPRM Notice of proposed rulemaking
PIC Pilot in Command
SOE Supervised operating experience
Table of Contents
I. Overview of Final Rule
II. Background
A. Statement of the Problem
B. History
C. Summary of the Notice of Proposed
Rulemaking
III. Discussion of Public Comments and Final
Rule
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
V. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
C. Executive Order 13609, International
Cooperation
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VI. How To Obtain Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement
Fairness Act
I. Overview of Final Rule
This rule removes an unnecessary
multiengine training requirement for
pilots seeking to obtain an initial ATP
certificate concurrently with a singleengine airplane type rating. It also
revises several provisions of the pilot
certification regulations by removing
from the text the July 31, 2014, date,
which served as the compliance date for
the multiengine ATP training
requirements, because the date is no
longer necessary.
II. Background
A. Statement of the Problem
Current regulations require a pilot
seeking an ATP certificate concurrently
with an airplane type rating to complete
training in an FAA approved course
from an authorized training provider.
This training is commonly referred to as
the ATP Certification Training Program
(ATP CTP) and includes both ground
training and flight simulation training
device (FSTD) training in a device that
represents a multiengine airplane.1 The
FAA intended this training requirement
to apply to pilots seeking an ATP
certificate in a multiengine airplane.
However, because the regulations do not
specify ‘‘multiengine’’ type rating, the
requirement applies to single-engine
airplanes for which a type rating is
required.
When the training requirement
became effective in 2014, there were no
single-engine airplanes that required the
pilot to obtain a type rating prior to
serving as pilot in command (PIC). With
the certification of the Cirrus Vision Jet
in 2016, there is now a single-engine
airplane that requires the pilot to obtain
a type rating prior to serving as PIC.
Under the current regulations, if a pilot
seeks a type rating in the Cirrus Vision
Jet concurrently with the initial
issuance of the ATP certificate in the
airplane category with a single-engine
class rating, that pilot would be required
to complete the ATP CTP to be eligible
for the practical test. This final rule
removes the ATP CTP requirement for
pilots seeking an ATP certificate
concurrently with a single-engine type
rating.
1 14
CFR 61.156.
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B. History
The Airline Safety and Federal
Aviation Administration Extension Act
of 2010 (Pub. L. 111–216) (the Act) was
signed into law in August 2010 and
included provisions to improve airline
safety and pilot certification and
training. In response to the Act, the FAA
modified the eligibility requirements for
an ATP certificate with an airplane
category multiengine class rating in the
Pilot Certification and Qualification
Requirements for Air Carrier Operations
Final Rule (2013 Final Rule).2 Section
216 of the Act specifically required all
pilots of 14 Code of Federal Regulations
(CFR) part 121 operations to have an
ATP certificate and an appropriate
amount of multiengine time. Section
217 of the Act established minimum
qualifications for an ATP certificate that
were focused on air carrier pilots and
multiengine airplane experience. The
statute did not address single-engine
airplanes. Additionally, part 121
prohibits the use of single-engine
airplanes.3
To address the ATP requirements set
forth in the Act, the FAA established a
requirement for a pilot to complete an
FAA approved ATP CTP. The ATP CTP
includes ground training and flight
training in a multiengine FSTD. Pilots
must complete the ATP CTP and
present the graduation certificate to be
eligible for the ATP multiengine
knowledge test.4 Applicants for an ATP
certificate with an airplane category
multiengine class rating or ATP
certificate obtained concurrently with
an airplane type rating must then
present the graduation certificate for the
ATP CTP and the passing knowledge
test results when applying for the
practical test.5
Upon review of the regulatory
requirements for an ATP certificate, the
FAA found that some of the
requirements do not distinguish
between a pilot seeking a single-engine
airplane rating and a multiengine
airplane rating. For example, as noted,
pilots seeking an ‘‘airline transport pilot
certificate obtained concurrently with
an airplane type rating’’ are required to
complete the ATP CTP specified in
§ 61.156 and receive a graduation
certificate from an authorized training
provider. With that express language,
pilots seeking an ATP certificate
concurrently with a single-engine
airplane type rating must complete
multiengine airplane training to obtain
FR 42324 (July 15, 2013).
CFR 121.159.
4 14 CFR 61.35, 61.153, 61.159.
5 14 CFR 61.39 and 61.156.
an ATP certificate in a single-engine
airplane.
At the time the 2013 Final Rule
published, there were no single-engine
airplanes that required a type rating to
serve as PIC. However, since the 2013
Final Rule published, Cirrus Aircraft
received type certification for its singleengine Vision Jet (SF50),6 and a pilot is
required to hold a type rating for that
airplane to serve as PIC. Because the
2013 Final Rule did not specify that the
ATP CTP was required only when a
pilot was seeking an ATP certificate
concurrently with a multiengine type
rating, a pilot cannot complete a
practical test for an initial ATP
certificate with the SF50 type rating
unless the pilot completes the ATP CTP.
Alternatively, to avoid the training
requirement, a pilot could use a
different single-engine airplane (i.e., one
that does not require a type rating) to
obtain the initial ATP certificate and
then complete a second practical test in
the SF50 to add the type rating to the
ATP certificate.7 Or, a pilot could add
the type rating to his or her commercial
pilot certificate first and then complete
an ATP practical test in a different
single-engine airplane and the SF50
type rating would be carried forward to
the ATP certificate. In either case, the
pilot would be taking an additional
practical test to avoid completing the
multiengine training in the ATP CTP.
Several sections in part 61 apply to a
pilot seeking an ATP certificate with a
multiengine airplane rating or an ATP
certificate concurrently with an
‘‘airplane type rating.’’ Prior to
certification of the SF50, there was no
need for regulatory requirements to
delineate the class rating because all
type-rated airplanes were multiengine.
In the current environment, without the
delineation of a class rating, the type
rating training requirements that were
intended to apply to pilots seeking an
ATP certificate concurrently with a
multiengine airplane type rating are
being applied to pilots seeking an ATP
certificate concurrently with a singleengine type rating. As a consequence,
under the previous regulations, pilots
seeking an ATP certificate concurrently
with a single-engine type rating were
subject to unnecessary and burdensome
training requirements.
C. Summary of the Notice of Proposed
Rulemaking
On December 20, 2018, the FAA
published a notice of proposed
rulemaking (NPRM) titled Removal of
2 78
3 14
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6 Cirrus Aircraft received type certification of the
SF50 Vision Jet in October 2016.
7 14 CFR 61.157(b).
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Training Requirements for an Airline
Transport Pilot Certificate Issued
Concurrently With a Single-Engine
Airplane Type Rating.8 In the NPRM,
the FAA proposed to revise §§ 61.39(d),
61.153(e), 61.156, and 61.165(f) to
reflect that the ground training and
FSTD training in a multiengine airplane,
which is specified in § 61.156, applies
to pilots seeking an ATP certificate with
a multiengine airplane rating or an ATP
certificate obtained concurrently with a
multiengine airplane type rating.
Additionally, because §§ 61.39(b),
61.155(c)(14), and 61.160 contain the
same problematic language that fails to
specify ‘‘multiengine’’ airplane type
rating, the FAA proposed to make
similar revisions to §§ 61.39(b),
61.155(c)(14),9 and 61.160 to reflect the
FAA’s original intent. The FAA
explained that these amendments are
necessary to ensure a pilot seeking an
ATP certificate concurrently with a
single-engine airplane type rating will
not be required to comply with training
requirements that were intended for
applicants seeking an ATP certificate in
a multiengine airplane. Consistent with
the Act’s direction to enhance
multiengine experience requirements,
the NPRM did not propose any changes
for what is currently required for a pilot
seeking a multiengine airplane ATP
certificate.
The FAA noted that, while the
multiengine training requirement of
§ 61.156 would be removed for a pilot
seeking an ATP certificate concurrently
with a single-engine airplane type
rating, there would be no reduction in
safety because a pilot is still required to
obtain specific training and testing that
is appropriate to the single-engine
airplane type rating the pilot is
seeking.10
In addition to the amendments
previously discussed, the FAA proposed
to amend several sections in part 61 by
removing the July 31, 2014 date, which
served as the compliance date for the
multiengine training requirement. This
date is no longer necessary in the
following regulations: §§ 61.35(a)(2) and
(a)(3)(iii)(C); 61.153(e); 61.155(c)(14);
the introductory text of 61.156; and
8 83
FR 65316.
proposed language of § 61.155(c)(14) has
been revised in the final rule for consistency with
the language in the other sections. This change
results in no substantive change.
10 To add a single-engine airplane type rating to
an ATP certificate or obtain a single-engine type
rating concurrently with an ATP certificate, a pilot
must: (1) Receive and log ground and flight training
from an authorized instructor; (2) receive an
endorsement from an authorized instructor that the
training was completed; and (3) perform a practical
test in accordance with the requirements in
§ 61.157(b).
9 The
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61.165(c)(2) and (f)(2). The FAA also
proposed to remove § 61.35(a)(3)(iii)(B)
because it contained a prerequisite for
applicants seeking issuance of an ATP
certificate prior to August 1, 2014,
which is now unnecessary. As a result,
the FAA proposed to redesignate
§ 61.35(a)(3)(iii)(C) as
§ 61.35(a)(3)(iii)(B).
Furthermore, the FAA concluded that
§ 61.155(d) is no longer necessary. This
section required an applicant who
successfully completed the ATP
knowledge test prior to August 1, 2014,
to successfully complete the practical
test within 24 months from the month
in which the knowledge test was
successfully completed. Because more
than 24 months has elapsed since
August 1, 2014, it is impossible for an
applicant to successfully complete an
ATP practical test within 24 months of
taking a knowledge test prior to that
date. The FAA proposed to remove
§ 61.155(d) from part 61. For the same
reasons, the FAA proposed to remove
language from § 61.165(f)(2) that allows
a pilot to present valid ATP knowledge
test results from a test taken prior to
August 1, 2014.
The NPRM provided for a 60-day
comment period, which ended on
February 19, 2019.
III. Discussion of Public Comments and
Final Rule
The FAA received three comments to
the NPRM, two from individuals and
one from a training center. One
individual recommended an
amendment to the supervised operating
experience (SOE) limitations defined in
§ 61.64(f)(2). The individual
recommended that an airman who holds
an unrestricted multiengine turbojet
airplane type rating be eligible for an
unrestricted single-engine type rating
upon successful completion of a singleengine type rating practical test
conducted in a flight simulator. The
individual suggested this allowance
would be based on the airman’s existing
operational experience in turbojet
aircraft.
The FAA has considered the
recommendation and determined it is
outside the scope of this rulemaking.
The commenter sought to allow
multiengine turbine-powered airplane
experience to count towards singleengine turbine-powered airplane
experience. In accordance with the
definition in 14 CFR part 1, a class as
used with respect to the certification,
ratings, privileges, and limitations of
airmen, is established within a category
of aircraft for aircraft having similar
operating characteristics. Examples
include ‘‘single engine’’ and
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‘‘multiengine’’ for the airplane category.
This distinction is necessary because
the differences in operating
characteristics between the two classes
of airplane are significant, particularly
with regard to handling an engine
failure. Section 61.64 allows a Level C
or higher full flight simulator to be used
for a practical test for the issuance of an
airman certificate or rating provided
that simulator represents the category,
class, and type for the rating sought.
Because the practical test is
administered in a simulator and not the
airplane, a pilot is issued a SOE
limitation unless the pilot meets
prescribed experience requirements.
Requiring 25 hours of supervised
experience in the airplane following a
successful practical test in a simulator is
an important safety mitigation when the
pilot does not otherwise have the
requisite experience in an aircraft.
To allow experience in one class of
airplane to count for another class of
airplane to avoid an SOE requirement
would require a more comprehensive
review of the existing requirements in
§ 61.64 and the safety implications for
making such a change, followed by a
subsequent notice and comment period.
In addition, because there is only one
single-engine airplane that requires a
type rating, there is a small number of
pilots that could potentially benefit
from such a change; therefore, the FAA
will not pursue a review at this time.
The same individual noted that the
§ 61.159(a)(3) requirement of 50 hours of
time in class for an ATP certificate is
burdensome. The FAA has determined
the comment is outside the scope of this
rulemaking because the NPRM did not
propose a change to § 61.159(a)(3). The
FAA notes that it conducted a
rulemaking proposing this requirement
in 2012 in response to Public Law 111–
216. It addressed the comments in the
2013 final rule and determined 50 hours
of time in class for an ATP certificate
was appropriate for all airplane classes,
not just the airplane multiengine land
class rating, and permitted up to 25
hours to be completed in a simulator if
part of an approved training program.11
No changes to the final rule will be
made as a result of this comment.
An additional individual commenter
requested an update to § 61.159(d)(2) to
allow flight time credit towards an ATP
certificate for navigators in the U.S.
Armed Forces similar to the credit
permitted for flight engineers. The FAA
has determined the comment is outside
the scope of this rulemaking because the
11 78
PO 00000
FR 42332.
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NPRM did not propose a change to
§ 61.159(d)(2).12
The final comment came from CAE,
Inc. (CAE). CAE contends that there are
training tasks and learning objectives
identified in the training course
required in § 61.156 that are applicable
to single-engine type rating candidates.
CAE recommended the FAA task a
committee to ‘‘carefully study the
requirements and make
recommendations as to which tasks and
elements should be applied to ATP
single-engine type rating candidates.’’
The FAA has considered CAE’s
recommendation and determined that it
is not necessary to task a committee to
review and recommend tasks that
should be applied to ATP single-engine
type rating candidates. The FAA
established these multiengine ATP
certification requirements in response to
Public Law 111–216. The statute was
specific to modifying the multiengine
ATP certificate requirements to
incorporate the content now codified in
§ 61.156. The FAA recognizes some of
the subject matter would be applicable
to candidates for a single-engine type
rating. However, there is no statutory or
regulatory requirement for single-engine
ATP applicants to receive such training.
Training providers can review the
existing guidance in Advisory Circular
61–138, Airline Transport Pilot
Certification Program, and determine
which topic areas are applicable should
they want to offer such training
voluntarily. In addition, the FAA
published the ATP-Airplane Airman
Certification Standards in June 2019,
which further captures what a pilot of
a single-engine airplane needs to know
at the ATP level, and what a pilot of a
single-engine airplane type rating needs
to know, pursuant to FAA regulatory
requirements. The FAA encourages
training providers to use the available
information and incorporate the
applicable content in their single-engine
type rating training programs.
The FAA received no other comments
on the proposal. Accordingly, for the
reasons stated in the NPRM and
reiterated in section II.C of this
document, the FAA is finalizing the
proposed amendments without change.
The FAA notes that, with the
corrections to § 61.160(a) through (d),
12 The FAA has denied several petitions for
exemption from individuals seeking to credit time
as a military-trained navigator toward requirements
for an ATP certificate. The FAA concluded that the
training, proficiency, and decision-making skills are
significantly different from those of a pilot-incommand and that such an exemption would not
provide an equivalent level of safety to that
provided in the regulation. See Exemption No.
17785 (FAA–2017–0160); Exemption No. 17866
(FAA–2017–1198).
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the FAA is also amending paragraph (f)
to achieve parallel construction of the
multiengine airplane phrasing. The FAA
is also making a clarifying amendment
to § 61.160(e) by adding a crossreference that was inadvertently omitted
in the Pilot Certification and
Qualification Requirements for Air
Carrier Operations final rule.13 As
evident from the preamble to that final
rule, § 61.160(e) was intended to
‘‘reduce the cross-country flight time
required for all applicants for an R–ATP
[airline transport pilot certificate with
restricted privileges] certificate to 200
hours.’’ 14 However, the express
language of the rule provided relief only
to those categories of applicants listed
in paragraphs (a), (b), and (c). Because
the relief in § 61.160(e) was intended for
all eligible applicants,15 including
persons eligible under § 61.160(d), the
FAA is amending § 61.160 by adding a
cross-reference to paragraph (d).
IV. Regulatory Notices and Analyses
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, the Trade
Agreements Act requires agencies to
consider international standards and,
where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this final rule.
In conducting these analyses, the FAA
has determined that this final rule: (1)
13 78
FR 42324.
FR 42348–49.
15 This point was also summarized in the
differences between the NPRM and the final rule
stating ‘‘[m]inimum cross country time for all
eligible pilots is 200 hours’’. 78 FR 42330.
14 78
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Has cost savings with no additional
costs; (2) is not a significant regulatory
action as defined by Executive Order
12866; (3) does not require an analysis
under the Regulatory Flexibility Act; (4)
will not create unnecessary obstacles to
the foreign commerce of the United
States; and (5) will not impose an
unfunded mandate on State, local, or
tribal governments, or on the private
sector by exceeding the threshold
identified above. These analyses are
summarized below.
A. Regulatory Evaluation
This final rule does not make any
changes to the requirements for a pilot
seeking a multiengine airplane ATP
certificate. Rather, this final rule simply
removes an unintended and
unnecessary training requirement in
multiengine airplanes for a pilot seeking
a single-engine airplane ATP certificate
concurrently with a single-engine
airplane type rating, with no reduction
in safety because a pilot will still be
required to obtain specific training and
be tested to receive the single-engine
airplane type rating.
This final rule will relieve costs for a
pilot seeking an ATP certificate
concurrently with a single-engine
airplane type rating. Current regulations
require a person seeking both an ATP
and a single-engine type rating
concurrently to complete the ATP CTP.
In order to estimate cost savings of
this final rule, the FAA based its
regulatory evaluation on the following
assumptions, factors, and data. These
are similar to those used for the
regulatory evaluation of the proposed
rule. The FAA received no comments on
the regulatory evaluation of the
proposed rule.
• The FAA uses a five-year period of
analysis based on the most current data
available at the time.
• The FAA uses a seven and three
percent discount rate for estimating
present values of cost savings as
prescribed by the Office of Management
and Budget (OMB) in Circular A–4.
• Monetized estimates for the final
rule are in 2020 dollars by adjusting
proposed rule values with the GDP
deflator for 2020. OMB Circular A–4
recommends using the GDP deflator to
adjust monetized effects to a constant
dollar year.
• The FAA estimates costs of an ATP
CTP to an applicant to be $5,105.
• The FAA estimates that the cost of
renting a newer, all glass display, singleengine airplane to be approximately
$179 per hour wet (rounded from
$178.60). An airplane rented wet
includes maintenance, insurance, fuel,
airport fees, any other duties, and taxes.
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• The FAA estimates that for an ATP
practical test, a single-engine airplane
has to be rented for three hours to
practice for the test and two hours for
the test.
• In addition to renting an airplane, a
designee is required. The FAA estimates
that the designee will cost the applicant
$511.
• Based on data from Airlines for
America (A4A), the FAA estimates that
the average domestic round-trip fare and
fees will be about $347.16
• Based on data from the General
Services Administration website, for
2017, the average cost of a hotel in the
continental U.S. is $93 per day and the
average cost of the per diem, including
meals and incidental expenses, is $51
per day.17
As previously discussed, there were
no single-engine airplanes that required
a type rating until the certification of the
Cirrus Vision Jet (SF50) in 2016. From
October 2016 through June 2021, 493
pilots received SF50 type ratings. Of
these 493 pilots, the FAA estimates that
40 percent could have upgraded their
certificate if they had completed the
ATP CTP, but opted to just add the SF50
type rating to their commercial
certificate to avoid the ATP CTP
training costs. Since there are 57 months
from October 2016 through June 2021,
the FAA estimates that there will be an
average of about 9 pilots per month that
will receive a single-engine type
certificate (493 pilots divided by 57
months), or about 108 pilots per year (9
pilots multiplied by 12 months). The
FAA then estimates that 40 percent of
108 pilots per year, or 43 pilots (0.4
multiplied by 108) per year, will receive
savings by avoiding the costs of the ATP
CTP.
In order to estimate the savings for an
applicant, the FAA estimated the
avoided costs of the ATP CTP based on
two options for an applicant. For the
first option, the applicant has to
complete a five to seven day ATP CTP
provided by an FAA-authorized training
provider. The FAA estimates the course
takes an average of six days ((5 + 7)/2).
The applicant also incurs the expense to
travel to the training provider to take the
course, get a hotel for six days, and pay
a per diem for meals. In the case above,
an ATP CTP costs $5,105, round trip
airfare costs about $347, a hotel costs
$93 a day, and meals and incidental
expenses cost $51 a day. Using these
costs, the FAA estimates the relief
provided in this final rule saves an
16 https://airlines.org/dataset/annual-round-tripfares-and-fees-domestic/ Accessed October 2018.
17 https://www.gsa.gov/travel/plan-book/perdiem-rates/per-diem-files-archived.
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applicant about $6,651 under this
option. The following table shows the
62085
cost savings estimates of the first option
over the five-year period of analysis.
OPTION 1—POTENTIAL COST SAVINGS
Class
Fare
Hotel
Per diem
Avg days
#Pilots
Total cost savings
A
B
C
D
E
F
(A + B + ((C + D) × E)) × F
Year
1
2
3
4
5
Present value
7%
3%
43
43
43
43
43
$271,588
271,588
271,588
271,588
271,588
$253,821
237,215
221,697
207,193
193,638
$263,678
255,998
248,541
241,302
234,274
Total (Adjusted with 2020 GDP deflator 2020:2017 = 5.3%) ............................................................................
Savings per pilot (2020 dollars) .........................................................................................................................
1,429,911
6,651
1,172,583
5,454
1,309,715
6,092
..............................................
..............................................
..............................................
..............................................
..............................................
$5,105
5,105
5,105
5,105
5,105
$347
347
347
347
347
$93
93
93
93
93
$51
51
51
51
51
6
6
6
6
6
Note: Numbers may not add due to rounding.
approximately $178.6 per hour. The
FAA estimates the airplane rental costs
a total of approximately $893 to rent
($178.6 multiplied by 5 total hours). The
applicant also incurs expenses to travel
to a private plane rental company, hire
a designee, get a hotel for one day, and
pay a per diem for meals. In the
assumptions above, round trip airfare
costs about $347, a designee would cost
For the second option, the applicant
has to rent a single-engine airplane and
hire a designee (check pilot) for the
practical test. The FAA estimates that
for an ATP practical test, the applicant
will rent a single-engine airplane for
five hours (three hours to practice for
the test and two hours for the test).
Using the assumptions above, the rent of
a single-engine airplane costs
$511, a hotel would cost $93 a day, and
meals and incidental expenses would
cost $51 a day. Using these costs, the
FAA estimates that in this situation the
relief provided in this final rule will
save an applicant about $1,895 under
this option. The following table shows
the cost savings estimates of the second
option over the five-year period of
analysis.
OPTION 2—POTENTIAL COST SAVINGS
Fare
A/C rental
Designee
Hotel
Per diem
#Pilots
Total cost
A
B
C
D
E
F
(A + B + ((C + D) × E)) × F
Year
1
2
3
4
5
..............................................
..............................................
..............................................
..............................................
..............................................
$347
347
347
347
347
$893
893
893
893
893
$511
511
511
511
511
$93
93
93
93
93
$51
51
51
51
51
Present value
7%
3%
43
43
43
43
43
$81,485
81,485
81,485
81,485
81,485
$76,154
71,172
66,516
62,165
58,098
$79,112
76,807
74,570
72,398
70,290
Total (Adjusted with 2020 GDP deflator 2020:2017 = 5.3%) ............................................................................
Savings per pilot (2020 dollars) .........................................................................................................................
407,425
1,895
334,105
1,554
373,177
1,736
Note: Numbers may not add due to rounding.
Using the analysis from both options,
the FAA estimates that this final rule
has present value cost savings from
$334 thousand to $1.2 million at a seven
percent discount rate over the five-year
period of analysis. At a three percent
discount rate, this final rule has present
value cost savings from $373 thousand
to $1.3 million over the five-year period
of analysis. While this final rule results
in small total cost savings with no
additional costs, it will provide
substantial cost savings to affected
pilots ranging from $1,895 to $6,651 per
pilot.
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B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
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regulation.’’ To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration. The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rulemaking would
have a significant economic impact on
a substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA. However, if an agency determines
that a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify,
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
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Fmt 4700
Sfmt 4700
factual basis for this determination, and
the reasoning should be clear.
This final rule does not make any
changes to the requirements for a pilot
seeking a multiengine airplane ATP
certificate. Rather, this final rule will
simply remove an unintended and
unnecessary training requirement in
multiengine airplanes for a pilot seeking
a single-engine airplane ATP certificate
concurrently with a single-engine
airplane type rating, with no reduction
in safety because a pilot will still be
required to obtain specific training and
be tested to receive the single-engine
airplane type rating. This final rule
relieves costs for a pilot seeking an ATP
certificate concurrently with a singleengine airplane type rating. This rule
directly affects individual pilots and not
small entities.
Therefore, as provided in section
605(b), the head of the FAA certifies
that this final rule does not result in a
significant economic impact on a
substantial number of small entities.
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C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
The FAA has assessed the potential
effect of this final rule and determined
that it has only a domestic impact and
therefore no effect on international
trade.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a final agency
rule that may result in an expenditure
of $100 million or more (in 1995
dollars) in any one year by State, local,
and tribal governments, in the aggregate,
or by the private sector; such a mandate
is deemed to be a ‘‘significant regulatory
action.’’ The FAA currently uses an
inflation-adjusted value of $155.0
million in lieu of $100 million. This
final rule does not contain such a
mandate; therefore, the requirements of
Title II of the Act do not apply.
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E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public.
According to the 1995 amendments to
the Paperwork Reduction Act (5 CFR
1320.8(b)(2)(vi)), an agency may not
collect or sponsor the collection of
information, nor may it impose an
information collection requirement
unless it displays a currently valid
Office of Management and Budget
(OMB) control number.
The FAA has determined that there
will be no new requirement for
information collection associated with
this final rule. The FAA has also
determined it is not necessary to amend
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16:01 Nov 08, 2021
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any existing collection. The current
paperwork filing that established the
ATP CTP imposes a requirement for a
training provider to submit a training
program to the FAA for approval. In the
original filing, it was determined there
was no paperwork burden on a person
taking the ATP CTP; therefore, this final
rule will have no impact on that filing.
The FAA also evaluated the paperwork
filing for the Airman Certificate and/or
Rating Application. If an applicant is
seeking a multiengine airplane ATP
certificate, submitting the ATP CTP
graduation certificate is required as part
of that collection. This final rule does
not change that requirement; therefore,
no amendment is needed.
F. International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has determined that there are no ICAO
Standards and Recommended Practices
that correspond to these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6 and involves no
extraordinary circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that this action
will not have a substantial direct effect
on the States, or the relationship
between the Federal Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, and,
therefore, will not have Federalism
implications.
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it will not
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Fmt 4700
Sfmt 4700
be a ‘‘significant energy action’’ under
the executive order and will not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
C. Executive Order 13609, Promoting
International Regulatory Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this final rule has no effect on
international regulatory cooperation.
VI. How To Obtain Additional
Information
A. Electronic Access and Filing
A copy of the notice of proposed
rulemaking, all comments received, this
final rule, and all background material
may be viewed online at https://
www.regulations.gov using the docket
number listed above. A copy of this rule
will be placed in the docket. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s website at
https://www.federalregister.gov and the
Government Publishing Office’s website
at https://www.govinfo.gov. A copy may
also be found at the FAA’s Regulations
and Policies website at https://
www.faa.gov/regulations_policies.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this rule, including
economic analyses and technical
reports, may be accessed in the
electronic docket for this rulemaking.
B. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires the 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
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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Rules and Regulations
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/.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 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:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 44729,
44903, 45102–45103, 45301–45302, Sec.
2307 Pub. L. 114–190, 130 Stat. 615 (49
U.S.C. 44703 note).
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*
*
*
*
(b) An applicant for an airline
transport pilot certificate with an
airplane category multiengine class
rating or an airline transport pilot
certificate obtained concurrently with a
multiengine airplane type rating may
take the practical test with an expired
knowledge test only if the applicant
passed the knowledge test after July 31,
2014, and is employed:
*
*
*
*
*
(d) In addition to the requirements in
paragraph (a) of this section, to be
eligible for a practical test for an airline
transport pilot certificate with an
airplane category multiengine class
rating or airline transport pilot
certificate obtained concurrently with a
multiengine airplane type rating, an
applicant must:
*
*
*
*
*
§ 61.153
Eligibility requirements: General.
*
(a) * * *
(2) For the knowledge test for an
airline transport pilot certificate with an
airplane category multiengine class
rating, a graduation certificate for the
airline transport pilot certification
training program specified in § 61.156;
and
(3) * * *
(iii) * * *
(A) For issuance of certificates other
than the ATP certificate with an
airplane category multiengine class
rating, the applicant meets or will meet
the age requirements of this part for the
certificate sought before the expiration
date of the airman knowledge test
report; and
(B) For issuance of an ATP certificate
with an airplane category multiengine
class rating obtained under the
aeronautical experience requirements of
§ 61.159 or § 61.160, the applicant is at
least 18 years of age at the time of the
knowledge test;
*
*
*
*
*
■ 3. Amend § 61.39 by revising
paragraph (b) introductory text and
Jkt 256001
Prerequisites for practical tests.
*
4. Amend § 61.153 by revising
paragraph (e) to read as follows:
§ 61.35 Knowledge test: Prerequisites and
passing grades.
16:01 Nov 08, 2021
§ 61.39
■
2. Amend § 61.35 by:
a. Revising paragraphs (a)(2) and
(a)(3)(iii)(A);
■ b. Removing paragraph (a)(3)(iii)(B);
■ c. Redesignating paragraph
(a)(3)(iii)(C) as paragraph (a)(3)(iii)(B);
and
■ d. Revising newly-redesignated
paragraph (a)(3)(iii)(B).
The revisions read as follows:
■
■
VerDate Sep<11>2014
paragraph (d) introductory text to read
as follows:
*
*
*
*
(e) For an airline transport pilot
certificate with an airplane category
multiengine class rating or an airline
transport pilot certificate obtained
concurrently with a multiengine
airplane type rating, receive a
graduation certificate from an
authorized training provider certifying
completion of the airline transport pilot
certification training program specified
in § 61.156 before applying for the
knowledge test required by paragraph
(g) of this section;
*
*
*
*
*
5. Amend § 61.155 by revising
paragraph (c)(14) and removing
paragraph (d).
The revision reads as follows:
■
§ 61.155
Aeronautical knowledge.
*
*
*
*
*
(c) * * *
(14) For an airline transport pilot
certificate with an airplane category
multiengine class rating or an airline
transport pilot certificate obtained
concurrently with a multiengine
airplane type rating, the content of the
airline transport pilot certification
training program in § 61.156.
6. Amend § 61.156 by revising the
section heading and introductory text to
read as follows:
■
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Fmt 4700
Sfmt 4700
62087
§ 61.156 Training requirements: Airplane
category—multiengine class or multiengine
airplane type rating concurrently with an
airline transport pilot certificate.
A person who applies for the
knowledge test for an airline transport
pilot certificate with an airplane
category multiengine class rating must
present a graduation certificate from an
authorized training provider under part
121, 135, 141, or 142 of this chapter
certifying the applicant has completed
the following training in a course
approved by the Administrator.
*
*
*
*
*
■ 7. Amend § 61.160 by revising
paragraphs (a) introductory text, (b)
introductory text, (c) introductory text,
and paragraphs (d), (e), and (f) to read
as follows:
§ 61.160 Aeronautical experience—
airplane category restricted privileges.
(a) Except for a person who has been
removed from flying status for lack of
proficiency or because of a disciplinary
action involving aircraft operations, a
U.S. military pilot or former U.S.
military pilot may apply for an airline
transport pilot certificate with an
airplane category multiengine class
rating or an airline transport pilot
certificate concurrently with a
multiengine airplane type rating with a
minimum of 750 hours of total time as
a pilot if the pilot presents:
*
*
*
*
*
(b) A person may apply for an airline
transport pilot certificate with an
airplane category multiengine class
rating or an airline transport pilot
certificate concurrently with a
multiengine airplane type rating with a
minimum of 1,000 hours of total time as
a pilot if the person:
*
*
*
*
*
(c) A person may apply for an airline
transport pilot certificate with an
airplane category multiengine class
rating or an airline transport pilot
certificate concurrently with a
multiengine airplane type rating with a
minimum of 1,250 hours of total time as
a pilot if the person:
*
*
*
*
*
(d) A graduate of an institution of
higher education who completes fewer
than 60 semester credit hours but at
least 30 credit hours and otherwise
satisfies the requirements of paragraph
(b) of this section may apply for an
airline transport pilot certificate with an
airplane category multiengine class
rating or an airline transport pilot
certificate concurrently with a
multiengine airplane type rating with a
minimum of 1,250 hours of total time as
a pilot.
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(e) A person who applies for an
airline transport pilot certificate under
the total flight times listed in paragraphs
(a), (b), (c), and (d) of this section must
otherwise meet the aeronautical
experience requirements of § 61.159,
except that the person may apply for an
airline transport pilot certificate with
200 hours of cross-country flight time.
(f) A person may apply for an airline
transport pilot certificate with an
airplane category multiengine class
rating or an airline transport pilot
certificate concurrently with a
multiengine airplane type rating if the
person has 1,500 hours total time as a
pilot, 200 hours of cross-country flight
time, and otherwise meets the
aeronautical experience requirements of
§ 61.159.
*
*
*
*
*
8. Amend § 61.165 by revising
paragraphs (c)(2), (f) introductory text,
and (f)(2) to read as follows:
■
§ 61.165 Additional aircraft category and
class ratings.
*
*
*
*
*
(c) * * *
(2) Successfully complete the airline
transport pilot certification training
program specified in § 61.156;
*
*
*
*
*
(f) Adding a multiengine class rating
to an airline transport pilot certificate
with a single engine class rating. A
person applying to add a multiengine
class rating, or a multiengine class
rating concurrently with a multiengine
airplane type rating, to an airline
transport pilot certificate with an
airplane category single engine class
rating must—
*
*
*
*
*
(2) Pass a required knowledge test on
the aeronautical knowledge areas of
§ 61.155(c), as applicable to multiengine
airplanes;
*
*
*
*
*
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on or about November 3,
2021.
Steve Dickson,
Administrator.
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[FR Doc. 2021–24411 Filed 11–8–21; 8:45 am]
BILLING CODE 4910–13–P
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16:01 Nov 08, 2021
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 95
[Docket No. 31399; Amdt. No. 562]
IFR Altitudes; Miscellaneous
Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This amendment adopts
miscellaneous amendments to the
required IFR (instrument flight rules)
altitudes and changeover points for
certain Federal airways, jet routes, or
direct routes for which a minimum or
maximum en route authorized IFR
altitude is prescribed. This regulatory
action is needed because of changes
occurring in the National Airspace
System. These changes are designed to
provide for the safe and efficient use of
the navigable airspace under instrument
conditions in the affected areas.
DATES: Effective 0901 UTC, December 2,
2021.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight
Technologies and Procedures Division,
Flight Standards Service, Federal
Aviation Administration. Mailing
Address: FAA Mike Monroney
Aeronautical Center, Flight Procedures
and Airspace Group, 6500 South
MacArthur Blvd., Registry Bldg 29,
Room 104, Oklahoma City, OK 73125.
Telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This
amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95)
amends, suspends, or revokes IFR
altitudes governing the operation of all
aircraft in flight over a specified route
or any portion of that route, as well as
the changeover points (COPs) for
Federal airways, jet routes, or direct
routes as prescribed in part 95.
SUMMARY:
The Rule
The specified IFR altitudes, when
used in conjunction with the prescribed
changeover points for those routes,
ensure navigation aid coverage that is
adequate for safe flight operations and
free of frequency interference. The
reasons and circumstances that create
the need for this amendment involve
matters of flight safety and operational
efficiency in the National Airspace
System, are related to published
aeronautical charts that are essential to
the user, and provide for the safe and
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
efficient use of the navigable airspace.
In addition, those various reasons or
circumstances require making this
amendment effective before the next
scheduled charting and publication date
of the flight information to assure its
timely availability to the user. The
effective date of this amendment reflects
those considerations. In view of the
close and immediate relationship
between these regulatory changes and
safety in air commerce, I find that notice
and public procedure before adopting
this amendment are impracticable and
contrary to the public interest and that
good cause exists for making the
amendment effective in less than 30
days.
Conclusion
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. For the same
reason, the FAA certifies that this
amendment will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 95
Airspace, Navigation (air).
Issued in Washington, DC, on October 29,
2021.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service,
Manager, Standards Section, Flight
Procedures & Airspace Group, Flight
Technologies and Procedures Division.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, part 95 of the Federal
Aviation Regulations (14 CFR part 95) is
amended as follows effective at 0901
UTC, December 2, 2021.
PART 95—[AMENDED]
1. The authority citation for part 95
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40106,
40113, 40114, 40120, 44502, 44514, 44719,
44721.
2. Part 95 is amended to read as
follows:
■
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]]>Agencies
[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Rules and Regulations]
[Pages 62081-62088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24411]
========================================================================
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.
========================================================================
Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 /
Rules and Regulations
[[Page 62081]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No.: FAA-2018-1050; Amdt. No. 61-149]
RIN 2120-AL23
Removal of Training Requirements for an Airline Transport Pilot
Certificate Issued Concurrently With a Single-Engine Airplane Type
Rating
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes a multiengine training requirement for
pilots seeking to obtain an initial airline transport pilot (ATP)
certificate concurrently with a single-engine airplane type rating. The
final rule also removes a 2014 compliance date because it is no longer
necessary.
DATES: This final rule is effective on December 9, 2021.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Barbara Adams, Air Transportation
Division, Training and Simulation Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-8166; email: [email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The Federal Aviation Administration (FAA) is responsible for the
safety of flight in the U.S. and for the safety of U.S. civil
operators, U.S. registered civil aircraft, and U.S. certificated
airmen. Sections 106(f) and (g) of title 49, U.S. Code, subtitle I
establish the FAA Administrator's authority to issue rules on aviation
safety. Subtitle VII of title 49, Aviation Programs, describes in more
detail the scope of the agency's authority.
The FAA is promulgating this rulemaking under the authority
described in 49 U.S.C. 106(f), which establishes the authority of the
Administrator to promulgate regulations and rules; 49 U.S.C.
44701(a)(5), which requires the Administrator to promulgate regulations
and minimum standards for other practices, methods, and procedures
necessary for safety in air commerce and national security; and 49
U.S.C. 44703(a), which requires the Administrator to prescribe
regulations for the issuance of airman certificates when the
Administrator finds, after investigation, that an individual is
qualified for, and physically able to perform the duties related to,
the position authorized by the certificate. This rulemaking is within
the scope of the FAA's authority because it amends the eligibility
requirements for the issuance of a single-engine airplane ATP
certificate.
List of Abbreviations and Acronyms Frequently Used in This Document
ATP Airline Transport Pilot
ATP CTP Airline Transport Pilot Certification Training Program
FSTD Flight Simulation Training Device
NPRM Notice of proposed rulemaking
PIC Pilot in Command
SOE Supervised operating experience
Table of Contents
I. Overview of Final Rule
II. Background
A. Statement of the Problem
B. History
C. Summary of the Notice of Proposed Rulemaking
III. Discussion of Public Comments and Final Rule
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
V. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
C. Executive Order 13609, International Cooperation
VI. How To Obtain Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement Fairness Act
I. Overview of Final Rule
This rule removes an unnecessary multiengine training requirement
for pilots seeking to obtain an initial ATP certificate concurrently
with a single-engine airplane type rating. It also revises several
provisions of the pilot certification regulations by removing from the
text the July 31, 2014, date, which served as the compliance date for
the multiengine ATP training requirements, because the date is no
longer necessary.
II. Background
A. Statement of the Problem
Current regulations require a pilot seeking an ATP certificate
concurrently with an airplane type rating to complete training in an
FAA approved course from an authorized training provider. This training
is commonly referred to as the ATP Certification Training Program (ATP
CTP) and includes both ground training and flight simulation training
device (FSTD) training in a device that represents a multiengine
airplane.\1\ The FAA intended this training requirement to apply to
pilots seeking an ATP certificate in a multiengine airplane. However,
because the regulations do not specify ``multiengine'' type rating, the
requirement applies to single-engine airplanes for which a type rating
is required.
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\1\ 14 CFR 61.156.
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When the training requirement became effective in 2014, there were
no single-engine airplanes that required the pilot to obtain a type
rating prior to serving as pilot in command (PIC). With the
certification of the Cirrus Vision Jet in 2016, there is now a single-
engine airplane that requires the pilot to obtain a type rating prior
to serving as PIC. Under the current regulations, if a pilot seeks a
type rating in the Cirrus Vision Jet concurrently with the initial
issuance of the ATP certificate in the airplane category with a single-
engine class rating, that pilot would be required to complete the ATP
CTP to be eligible for the practical test. This final rule removes the
ATP CTP requirement for pilots seeking an ATP certificate concurrently
with a single-engine type rating.
[[Page 62082]]
B. History
The Airline Safety and Federal Aviation Administration Extension
Act of 2010 (Pub. L. 111-216) (the Act) was signed into law in August
2010 and included provisions to improve airline safety and pilot
certification and training. In response to the Act, the FAA modified
the eligibility requirements for an ATP certificate with an airplane
category multiengine class rating in the Pilot Certification and
Qualification Requirements for Air Carrier Operations Final Rule (2013
Final Rule).\2\ Section 216 of the Act specifically required all pilots
of 14 Code of Federal Regulations (CFR) part 121 operations to have an
ATP certificate and an appropriate amount of multiengine time. Section
217 of the Act established minimum qualifications for an ATP
certificate that were focused on air carrier pilots and multiengine
airplane experience. The statute did not address single-engine
airplanes. Additionally, part 121 prohibits the use of single-engine
airplanes.\3\
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\2\ 78 FR 42324 (July 15, 2013).
\3\ 14 CFR 121.159.
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To address the ATP requirements set forth in the Act, the FAA
established a requirement for a pilot to complete an FAA approved ATP
CTP. The ATP CTP includes ground training and flight training in a
multiengine FSTD. Pilots must complete the ATP CTP and present the
graduation certificate to be eligible for the ATP multiengine knowledge
test.\4\ Applicants for an ATP certificate with an airplane category
multiengine class rating or ATP certificate obtained concurrently with
an airplane type rating must then present the graduation certificate
for the ATP CTP and the passing knowledge test results when applying
for the practical test.\5\
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\4\ 14 CFR 61.35, 61.153, 61.159.
\5\ 14 CFR 61.39 and 61.156.
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Upon review of the regulatory requirements for an ATP certificate,
the FAA found that some of the requirements do not distinguish between
a pilot seeking a single-engine airplane rating and a multiengine
airplane rating. For example, as noted, pilots seeking an ``airline
transport pilot certificate obtained concurrently with an airplane type
rating'' are required to complete the ATP CTP specified in Sec. 61.156
and receive a graduation certificate from an authorized training
provider. With that express language, pilots seeking an ATP certificate
concurrently with a single-engine airplane type rating must complete
multiengine airplane training to obtain an ATP certificate in a single-
engine airplane.
At the time the 2013 Final Rule published, there were no single-
engine airplanes that required a type rating to serve as PIC. However,
since the 2013 Final Rule published, Cirrus Aircraft received type
certification for its single-engine Vision Jet (SF50),\6\ and a pilot
is required to hold a type rating for that airplane to serve as PIC.
Because the 2013 Final Rule did not specify that the ATP CTP was
required only when a pilot was seeking an ATP certificate concurrently
with a multiengine type rating, a pilot cannot complete a practical
test for an initial ATP certificate with the SF50 type rating unless
the pilot completes the ATP CTP. Alternatively, to avoid the training
requirement, a pilot could use a different single-engine airplane
(i.e., one that does not require a type rating) to obtain the initial
ATP certificate and then complete a second practical test in the SF50
to add the type rating to the ATP certificate.\7\ Or, a pilot could add
the type rating to his or her commercial pilot certificate first and
then complete an ATP practical test in a different single-engine
airplane and the SF50 type rating would be carried forward to the ATP
certificate. In either case, the pilot would be taking an additional
practical test to avoid completing the multiengine training in the ATP
CTP.
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\6\ Cirrus Aircraft received type certification of the SF50
Vision Jet in October 2016.
\7\ 14 CFR 61.157(b).
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Several sections in part 61 apply to a pilot seeking an ATP
certificate with a multiengine airplane rating or an ATP certificate
concurrently with an ``airplane type rating.'' Prior to certification
of the SF50, there was no need for regulatory requirements to delineate
the class rating because all type-rated airplanes were multiengine. In
the current environment, without the delineation of a class rating, the
type rating training requirements that were intended to apply to pilots
seeking an ATP certificate concurrently with a multiengine airplane
type rating are being applied to pilots seeking an ATP certificate
concurrently with a single-engine type rating. As a consequence, under
the previous regulations, pilots seeking an ATP certificate
concurrently with a single-engine type rating were subject to
unnecessary and burdensome training requirements.
C. Summary of the Notice of Proposed Rulemaking
On December 20, 2018, the FAA published a notice of proposed
rulemaking (NPRM) titled Removal of Training Requirements for an
Airline Transport Pilot Certificate Issued Concurrently With a Single-
Engine Airplane Type Rating.\8\ In the NPRM, the FAA proposed to revise
Sec. Sec. 61.39(d), 61.153(e), 61.156, and 61.165(f) to reflect that
the ground training and FSTD training in a multiengine airplane, which
is specified in Sec. 61.156, applies to pilots seeking an ATP
certificate with a multiengine airplane rating or an ATP certificate
obtained concurrently with a multiengine airplane type rating.
Additionally, because Sec. Sec. 61.39(b), 61.155(c)(14), and 61.160
contain the same problematic language that fails to specify
``multiengine'' airplane type rating, the FAA proposed to make similar
revisions to Sec. Sec. 61.39(b), 61.155(c)(14),\9\ and 61.160 to
reflect the FAA's original intent. The FAA explained that these
amendments are necessary to ensure a pilot seeking an ATP certificate
concurrently with a single-engine airplane type rating will not be
required to comply with training requirements that were intended for
applicants seeking an ATP certificate in a multiengine airplane.
Consistent with the Act's direction to enhance multiengine experience
requirements, the NPRM did not propose any changes for what is
currently required for a pilot seeking a multiengine airplane ATP
certificate.
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\8\ 83 FR 65316.
\9\ The proposed language of Sec. 61.155(c)(14) has been
revised in the final rule for consistency with the language in the
other sections. This change results in no substantive change.
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The FAA noted that, while the multiengine training requirement of
Sec. 61.156 would be removed for a pilot seeking an ATP certificate
concurrently with a single-engine airplane type rating, there would be
no reduction in safety because a pilot is still required to obtain
specific training and testing that is appropriate to the single-engine
airplane type rating the pilot is seeking.\10\
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\10\ To add a single-engine airplane type rating to an ATP
certificate or obtain a single-engine type rating concurrently with
an ATP certificate, a pilot must: (1) Receive and log ground and
flight training from an authorized instructor; (2) receive an
endorsement from an authorized instructor that the training was
completed; and (3) perform a practical test in accordance with the
requirements in Sec. 61.157(b).
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In addition to the amendments previously discussed, the FAA
proposed to amend several sections in part 61 by removing the July 31,
2014 date, which served as the compliance date for the multiengine
training requirement. This date is no longer necessary in the following
regulations: Sec. Sec. 61.35(a)(2) and (a)(3)(iii)(C); 61.153(e);
61.155(c)(14); the introductory text of 61.156; and
[[Page 62083]]
61.165(c)(2) and (f)(2). The FAA also proposed to remove Sec.
61.35(a)(3)(iii)(B) because it contained a prerequisite for applicants
seeking issuance of an ATP certificate prior to August 1, 2014, which
is now unnecessary. As a result, the FAA proposed to redesignate Sec.
61.35(a)(3)(iii)(C) as Sec. 61.35(a)(3)(iii)(B).
Furthermore, the FAA concluded that Sec. 61.155(d) is no longer
necessary. This section required an applicant who successfully
completed the ATP knowledge test prior to August 1, 2014, to
successfully complete the practical test within 24 months from the
month in which the knowledge test was successfully completed. Because
more than 24 months has elapsed since August 1, 2014, it is impossible
for an applicant to successfully complete an ATP practical test within
24 months of taking a knowledge test prior to that date. The FAA
proposed to remove Sec. 61.155(d) from part 61. For the same reasons,
the FAA proposed to remove language from Sec. 61.165(f)(2) that allows
a pilot to present valid ATP knowledge test results from a test taken
prior to August 1, 2014.
The NPRM provided for a 60-day comment period, which ended on
February 19, 2019.
III. Discussion of Public Comments and Final Rule
The FAA received three comments to the NPRM, two from individuals
and one from a training center. One individual recommended an amendment
to the supervised operating experience (SOE) limitations defined in
Sec. 61.64(f)(2). The individual recommended that an airman who holds
an unrestricted multiengine turbojet airplane type rating be eligible
for an unrestricted single-engine type rating upon successful
completion of a single-engine type rating practical test conducted in a
flight simulator. The individual suggested this allowance would be
based on the airman's existing operational experience in turbojet
aircraft.
The FAA has considered the recommendation and determined it is
outside the scope of this rulemaking. The commenter sought to allow
multiengine turbine-powered airplane experience to count towards
single-engine turbine-powered airplane experience. In accordance with
the definition in 14 CFR part 1, a class as used with respect to the
certification, ratings, privileges, and limitations of airmen, is
established within a category of aircraft for aircraft having similar
operating characteristics. Examples include ``single engine'' and
``multiengine'' for the airplane category. This distinction is
necessary because the differences in operating characteristics between
the two classes of airplane are significant, particularly with regard
to handling an engine failure. Section 61.64 allows a Level C or higher
full flight simulator to be used for a practical test for the issuance
of an airman certificate or rating provided that simulator represents
the category, class, and type for the rating sought. Because the
practical test is administered in a simulator and not the airplane, a
pilot is issued a SOE limitation unless the pilot meets prescribed
experience requirements. Requiring 25 hours of supervised experience in
the airplane following a successful practical test in a simulator is an
important safety mitigation when the pilot does not otherwise have the
requisite experience in an aircraft.
To allow experience in one class of airplane to count for another
class of airplane to avoid an SOE requirement would require a more
comprehensive review of the existing requirements in Sec. 61.64 and
the safety implications for making such a change, followed by a
subsequent notice and comment period. In addition, because there is
only one single-engine airplane that requires a type rating, there is a
small number of pilots that could potentially benefit from such a
change; therefore, the FAA will not pursue a review at this time.
The same individual noted that the Sec. 61.159(a)(3) requirement
of 50 hours of time in class for an ATP certificate is burdensome. The
FAA has determined the comment is outside the scope of this rulemaking
because the NPRM did not propose a change to Sec. 61.159(a)(3). The
FAA notes that it conducted a rulemaking proposing this requirement in
2012 in response to Public Law 111-216. It addressed the comments in
the 2013 final rule and determined 50 hours of time in class for an ATP
certificate was appropriate for all airplane classes, not just the
airplane multiengine land class rating, and permitted up to 25 hours to
be completed in a simulator if part of an approved training
program.\11\ No changes to the final rule will be made as a result of
this comment.
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\11\ 78 FR 42332.
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An additional individual commenter requested an update to Sec.
61.159(d)(2) to allow flight time credit towards an ATP certificate for
navigators in the U.S. Armed Forces similar to the credit permitted for
flight engineers. The FAA has determined the comment is outside the
scope of this rulemaking because the NPRM did not propose a change to
Sec. 61.159(d)(2).\12\
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\12\ The FAA has denied several petitions for exemption from
individuals seeking to credit time as a military-trained navigator
toward requirements for an ATP certificate. The FAA concluded that
the training, proficiency, and decision-making skills are
significantly different from those of a pilot-in-command and that
such an exemption would not provide an equivalent level of safety to
that provided in the regulation. See Exemption No. 17785 (FAA-2017-
0160); Exemption No. 17866 (FAA-2017-1198).
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The final comment came from CAE, Inc. (CAE). CAE contends that
there are training tasks and learning objectives identified in the
training course required in Sec. 61.156 that are applicable to single-
engine type rating candidates. CAE recommended the FAA task a committee
to ``carefully study the requirements and make recommendations as to
which tasks and elements should be applied to ATP single-engine type
rating candidates.''
The FAA has considered CAE's recommendation and determined that it
is not necessary to task a committee to review and recommend tasks that
should be applied to ATP single-engine type rating candidates. The FAA
established these multiengine ATP certification requirements in
response to Public Law 111-216. The statute was specific to modifying
the multiengine ATP certificate requirements to incorporate the content
now codified in Sec. 61.156. The FAA recognizes some of the subject
matter would be applicable to candidates for a single-engine type
rating. However, there is no statutory or regulatory requirement for
single-engine ATP applicants to receive such training. Training
providers can review the existing guidance in Advisory Circular 61-138,
Airline Transport Pilot Certification Program, and determine which
topic areas are applicable should they want to offer such training
voluntarily. In addition, the FAA published the ATP-Airplane Airman
Certification Standards in June 2019, which further captures what a
pilot of a single-engine airplane needs to know at the ATP level, and
what a pilot of a single-engine airplane type rating needs to know,
pursuant to FAA regulatory requirements. The FAA encourages training
providers to use the available information and incorporate the
applicable content in their single-engine type rating training
programs.
The FAA received no other comments on the proposal. Accordingly,
for the reasons stated in the NPRM and reiterated in section II.C of
this document, the FAA is finalizing the proposed amendments without
change. The FAA notes that, with the corrections to Sec. 61.160(a)
through (d),
[[Page 62084]]
the FAA is also amending paragraph (f) to achieve parallel construction
of the multiengine airplane phrasing. The FAA is also making a
clarifying amendment to Sec. 61.160(e) by adding a cross-reference
that was inadvertently omitted in the Pilot Certification and
Qualification Requirements for Air Carrier Operations final rule.\13\
As evident from the preamble to that final rule, Sec. 61.160(e) was
intended to ``reduce the cross-country flight time required for all
applicants for an R-ATP [airline transport pilot certificate with
restricted privileges] certificate to 200 hours.'' \14\ However, the
express language of the rule provided relief only to those categories
of applicants listed in paragraphs (a), (b), and (c). Because the
relief in Sec. 61.160(e) was intended for all eligible applicants,\15\
including persons eligible under Sec. 61.160(d), the FAA is amending
Sec. 61.160 by adding a cross-reference to paragraph (d).
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\13\ 78 FR 42324.
\14\ 78 FR 42348-49.
\15\ This point was also summarized in the differences between
the NPRM and the final rule stating ``[m]inimum cross country time
for all eligible pilots is 200 hours''. 78 FR 42330.
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IV. Regulatory Notices and Analyses
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Agreements Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more annually (adjusted
for inflation with base year of 1995). This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this final
rule.
In conducting these analyses, the FAA has determined that this
final rule: (1) Has cost savings with no additional costs; (2) is not a
significant regulatory action as defined by Executive Order 12866; (3)
does not require an analysis under the Regulatory Flexibility Act; (4)
will not create unnecessary obstacles to the foreign commerce of the
United States; and (5) will not impose an unfunded mandate on State,
local, or tribal governments, or on the private sector by exceeding the
threshold identified above. These analyses are summarized below.
A. Regulatory Evaluation
This final rule does not make any changes to the requirements for a
pilot seeking a multiengine airplane ATP certificate. Rather, this
final rule simply removes an unintended and unnecessary training
requirement in multiengine airplanes for a pilot seeking a single-
engine airplane ATP certificate concurrently with a single-engine
airplane type rating, with no reduction in safety because a pilot will
still be required to obtain specific training and be tested to receive
the single-engine airplane type rating.
This final rule will relieve costs for a pilot seeking an ATP
certificate concurrently with a single-engine airplane type rating.
Current regulations require a person seeking both an ATP and a single-
engine type rating concurrently to complete the ATP CTP.
In order to estimate cost savings of this final rule, the FAA based
its regulatory evaluation on the following assumptions, factors, and
data. These are similar to those used for the regulatory evaluation of
the proposed rule. The FAA received no comments on the regulatory
evaluation of the proposed rule.
The FAA uses a five-year period of analysis based on the
most current data available at the time.
The FAA uses a seven and three percent discount rate for
estimating present values of cost savings as prescribed by the Office
of Management and Budget (OMB) in Circular A-4.
Monetized estimates for the final rule are in 2020 dollars
by adjusting proposed rule values with the GDP deflator for 2020. OMB
Circular A-4 recommends using the GDP deflator to adjust monetized
effects to a constant dollar year.
The FAA estimates costs of an ATP CTP to an applicant to
be $5,105.
The FAA estimates that the cost of renting a newer, all
glass display, single-engine airplane to be approximately $179 per hour
wet (rounded from $178.60). An airplane rented wet includes
maintenance, insurance, fuel, airport fees, any other duties, and
taxes.
The FAA estimates that for an ATP practical test, a
single-engine airplane has to be rented for three hours to practice for
the test and two hours for the test.
In addition to renting an airplane, a designee is
required. The FAA estimates that the designee will cost the applicant
$511.
Based on data from Airlines for America (A4A), the FAA
estimates that the average domestic round-trip fare and fees will be
about $347.\16\
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\16\ https://airlines.org/dataset/annual-round-trip-fares-and-fees-domestic/ Accessed October 2018.
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Based on data from the General Services Administration
website, for 2017, the average cost of a hotel in the continental U.S.
is $93 per day and the average cost of the per diem, including meals
and incidental expenses, is $51 per day.\17\
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\17\ https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-files-archived.
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As previously discussed, there were no single-engine airplanes that
required a type rating until the certification of the Cirrus Vision Jet
(SF50) in 2016. From October 2016 through June 2021, 493 pilots
received SF50 type ratings. Of these 493 pilots, the FAA estimates that
40 percent could have upgraded their certificate if they had completed
the ATP CTP, but opted to just add the SF50 type rating to their
commercial certificate to avoid the ATP CTP training costs. Since there
are 57 months from October 2016 through June 2021, the FAA estimates
that there will be an average of about 9 pilots per month that will
receive a single-engine type certificate (493 pilots divided by 57
months), or about 108 pilots per year (9 pilots multiplied by 12
months). The FAA then estimates that 40 percent of 108 pilots per year,
or 43 pilots (0.4 multiplied by 108) per year, will receive savings by
avoiding the costs of the ATP CTP.
In order to estimate the savings for an applicant, the FAA
estimated the avoided costs of the ATP CTP based on two options for an
applicant. For the first option, the applicant has to complete a five
to seven day ATP CTP provided by an FAA-authorized training provider.
The FAA estimates the course takes an average of six days ((5 + 7)/2).
The applicant also incurs the expense to travel to the training
provider to take the course, get a hotel for six days, and pay a per
diem for meals. In the case above, an ATP CTP costs $5,105, round trip
airfare costs about $347, a hotel costs $93 a day, and meals and
incidental expenses cost $51 a day. Using these costs, the FAA
estimates the relief provided in this final rule saves an
[[Page 62085]]
applicant about $6,651 under this option. The following table shows the
cost savings estimates of the first option over the five-year period of
analysis.
Option 1--Potential Cost Savings
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Class Fare Hotel Per diem Avg days #Pilots Total cost savings Present value
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Year (A + B + ((C + D) x E)) x
A B C D E F F 7% 3%
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1............................... $5,105 $347 $93 $51 6 43 $271,588 $253,821 $263,678
2............................... 5,105 347 93 51 6 43 271,588 237,215 255,998
3............................... 5,105 347 93 51 6 43 271,588 221,697 248,541
4............................... 5,105 347 93 51 6 43 271,588 207,193 241,302
5............................... 5,105 347 93 51 6 43 271,588 193,638 234,274
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Total (Adjusted with 2020 GDP deflator 2020:2017 = 5.3%)........................................... 1,429,911 1,172,583 1,309,715
Savings per pilot (2020 dollars)................................................................... 6,651 5,454 6,092
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Note: Numbers may not add due to rounding.
For the second option, the applicant has to rent a single-engine
airplane and hire a designee (check pilot) for the practical test. The
FAA estimates that for an ATP practical test, the applicant will rent a
single-engine airplane for five hours (three hours to practice for the
test and two hours for the test). Using the assumptions above, the rent
of a single-engine airplane costs approximately $178.6 per hour. The
FAA estimates the airplane rental costs a total of approximately $893
to rent ($178.6 multiplied by 5 total hours). The applicant also incurs
expenses to travel to a private plane rental company, hire a designee,
get a hotel for one day, and pay a per diem for meals. In the
assumptions above, round trip airfare costs about $347, a designee
would cost $511, a hotel would cost $93 a day, and meals and incidental
expenses would cost $51 a day. Using these costs, the FAA estimates
that in this situation the relief provided in this final rule will save
an applicant about $1,895 under this option. The following table shows
the cost savings estimates of the second option over the five-year
period of analysis.
Option 2--Potential Cost Savings
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Fare A/C rental Designee Hotel Per diem #Pilots Total cost Present value
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Year (A + B + ((C + D) x E)) x
A B C D E F F 7% 3%
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1............................... $347 $893 $511 $93 $51 43 $81,485 $76,154 $79,112
2............................... 347 893 511 93 51 43 81,485 71,172 76,807
3............................... 347 893 511 93 51 43 81,485 66,516 74,570
4............................... 347 893 511 93 51 43 81,485 62,165 72,398
5............................... 347 893 511 93 51 43 81,485 58,098 70,290
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Total (Adjusted with 2020 GDP deflator 2020:2017 = 5.3%)........................................... 407,425 334,105 373,177
Savings per pilot (2020 dollars)................................................................... 1,895 1,554 1,736
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Note: Numbers may not add due to rounding.
Using the analysis from both options, the FAA estimates that this
final rule has present value cost savings from $334 thousand to $1.2
million at a seven percent discount rate over the five-year period of
analysis. At a three percent discount rate, this final rule has present
value cost savings from $373 thousand to $1.3 million over the five-
year period of analysis. While this final rule results in small total
cost savings with no additional costs, it will provide substantial cost
savings to affected pilots ranging from $1,895 to $6,651 per pilot.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration. The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a rulemaking
would have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify, and a regulatory flexibility analysis is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
This final rule does not make any changes to the requirements for a
pilot seeking a multiengine airplane ATP certificate. Rather, this
final rule will simply remove an unintended and unnecessary training
requirement in multiengine airplanes for a pilot seeking a single-
engine airplane ATP certificate concurrently with a single-engine
airplane type rating, with no reduction in safety because a pilot will
still be required to obtain specific training and be tested to receive
the single-engine airplane type rating. This final rule relieves costs
for a pilot seeking an ATP certificate concurrently with a single-
engine airplane type rating. This rule directly affects individual
pilots and not small entities.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this final rule does not result in a significant
economic impact on a substantial number of small entities.
[[Page 62086]]
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this final rule and
determined that it has only a domestic impact and therefore no effect
on international trade.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a final agency rule
that may result in an expenditure of $100 million or more (in 1995
dollars) in any one year by State, local, and tribal governments, in
the aggregate, or by the private sector; such a mandate is deemed to be
a ``significant regulatory action.'' The FAA currently uses an
inflation-adjusted value of $155.0 million in lieu of $100 million.
This final rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
The FAA has determined that there will be no new requirement for
information collection associated with this final rule. The FAA has
also determined it is not necessary to amend any existing collection.
The current paperwork filing that established the ATP CTP imposes a
requirement for a training provider to submit a training program to the
FAA for approval. In the original filing, it was determined there was
no paperwork burden on a person taking the ATP CTP; therefore, this
final rule will have no impact on that filing. The FAA also evaluated
the paperwork filing for the Airman Certificate and/or Rating
Application. If an applicant is seeking a multiengine airplane ATP
certificate, submitting the ATP CTP graduation certificate is required
as part of that collection. This final rule does not change that
requirement; therefore, no amendment is needed.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action will not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, will not have
Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
will not be a ``significant energy action'' under the executive order
and will not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this final rule has no
effect on international regulatory cooperation.
VI. How To Obtain Additional Information
A. Electronic Access and Filing
A copy of the notice of proposed rulemaking, all comments received,
this final rule, and all background material may be viewed online at
https://www.regulations.gov using the docket number listed above. A
copy of this rule will be placed in the docket. Electronic retrieval
help and guidelines are available on the website. It is available 24
hours each day, 365 days each year. An electronic copy of this document
may also be downloaded from the Office of the Federal Register's
website at https://www.federalregister.gov and the Government
Publishing Office's website at https://www.govinfo.gov. A copy may also
be found at the FAA's Regulations and Policies website at https://www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this rule, including
economic analyses and technical reports, may be accessed in the
electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the 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
[[Page 62087]]
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/.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 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, 44903, 45102-45103, 45301-45302, Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).
0
2. Amend Sec. 61.35 by:
0
a. Revising paragraphs (a)(2) and (a)(3)(iii)(A);
0
b. Removing paragraph (a)(3)(iii)(B);
0
c. Redesignating paragraph (a)(3)(iii)(C) as paragraph (a)(3)(iii)(B);
and
0
d. Revising newly-redesignated paragraph (a)(3)(iii)(B).
The revisions read as follows:
Sec. 61.35 Knowledge test: Prerequisites and passing grades.
(a) * * *
(2) For the knowledge test for an airline transport pilot
certificate with an airplane category multiengine class rating, a
graduation certificate for the airline transport pilot certification
training program specified in Sec. 61.156; and
(3) * * *
(iii) * * *
(A) For issuance of certificates other than the ATP certificate
with an airplane category multiengine class rating, the applicant meets
or will meet the age requirements of this part for the certificate
sought before the expiration date of the airman knowledge test report;
and
(B) For issuance of an ATP certificate with an airplane category
multiengine class rating obtained under the aeronautical experience
requirements of Sec. 61.159 or Sec. 61.160, the applicant is at least
18 years of age at the time of the knowledge test;
* * * * *
0
3. Amend Sec. 61.39 by revising paragraph (b) introductory text and
paragraph (d) introductory text to read as follows:
Sec. 61.39 Prerequisites for practical tests.
* * * * *
(b) An applicant for an airline transport pilot certificate with an
airplane category multiengine class rating or an airline transport
pilot certificate obtained concurrently with a multiengine airplane
type rating may take the practical test with an expired knowledge test
only if the applicant passed the knowledge test after July 31, 2014,
and is employed:
* * * * *
(d) In addition to the requirements in paragraph (a) of this
section, to be eligible for a practical test for an airline transport
pilot certificate with an airplane category multiengine class rating or
airline transport pilot certificate obtained concurrently with a
multiengine airplane type rating, an applicant must:
* * * * *
0
4. Amend Sec. 61.153 by revising paragraph (e) to read as follows:
Sec. 61.153 Eligibility requirements: General.
* * * * *
(e) For an airline transport pilot certificate with an airplane
category multiengine class rating or an airline transport pilot
certificate obtained concurrently with a multiengine airplane type
rating, receive a graduation certificate from an authorized training
provider certifying completion of the airline transport pilot
certification training program specified in Sec. 61.156 before
applying for the knowledge test required by paragraph (g) of this
section;
* * * * *
0
5. Amend Sec. 61.155 by revising paragraph (c)(14) and removing
paragraph (d).
The revision reads as follows:
Sec. 61.155 Aeronautical knowledge.
* * * * *
(c) * * *
(14) For an airline transport pilot certificate with an airplane
category multiengine class rating or an airline transport pilot
certificate obtained concurrently with a multiengine airplane type
rating, the content of the airline transport pilot certification
training program in Sec. 61.156.
0
6. Amend Sec. 61.156 by revising the section heading and introductory
text to read as follows:
Sec. 61.156 Training requirements: Airplane category--multiengine
class or multiengine airplane type rating concurrently with an airline
transport pilot certificate.
A person who applies for the knowledge test for an airline
transport pilot certificate with an airplane category multiengine class
rating must present a graduation certificate from an authorized
training provider under part 121, 135, 141, or 142 of this chapter
certifying the applicant has completed the following training in a
course approved by the Administrator.
* * * * *
0
7. Amend Sec. 61.160 by revising paragraphs (a) introductory text, (b)
introductory text, (c) introductory text, and paragraphs (d), (e), and
(f) to read as follows:
Sec. 61.160 Aeronautical experience--airplane category restricted
privileges.
(a) Except for a person who has been removed from flying status for
lack of proficiency or because of a disciplinary action involving
aircraft operations, a U.S. military pilot or former U.S. military
pilot may apply for an airline transport pilot certificate with an
airplane category multiengine class rating or an airline transport
pilot certificate concurrently with a multiengine airplane type rating
with a minimum of 750 hours of total time as a pilot if the pilot
presents:
* * * * *
(b) A person may apply for an airline transport pilot certificate
with an airplane category multiengine class rating or an airline
transport pilot certificate concurrently with a multiengine airplane
type rating with a minimum of 1,000 hours of total time as a pilot if
the person:
* * * * *
(c) A person may apply for an airline transport pilot certificate
with an airplane category multiengine class rating or an airline
transport pilot certificate concurrently with a multiengine airplane
type rating with a minimum of 1,250 hours of total time as a pilot if
the person:
* * * * *
(d) A graduate of an institution of higher education who completes
fewer than 60 semester credit hours but at least 30 credit hours and
otherwise satisfies the requirements of paragraph (b) of this section
may apply for an airline transport pilot certificate with an airplane
category multiengine class rating or an airline transport pilot
certificate concurrently with a multiengine airplane type rating with a
minimum of 1,250 hours of total time as a pilot.
[[Page 62088]]
(e) A person who applies for an airline transport pilot certificate
under the total flight times listed in paragraphs (a), (b), (c), and
(d) of this section must otherwise meet the aeronautical experience
requirements of Sec. 61.159, except that the person may apply for an
airline transport pilot certificate with 200 hours of cross-country
flight time.
(f) A person may apply for an airline transport pilot certificate
with an airplane category multiengine class rating or an airline
transport pilot certificate concurrently with a multiengine airplane
type rating if the person has 1,500 hours total time as a pilot, 200
hours of cross-country flight time, and otherwise meets the
aeronautical experience requirements of Sec. 61.159.
* * * * *
0
8. Amend Sec. 61.165 by revising paragraphs (c)(2), (f) introductory
text, and (f)(2) to read as follows:
Sec. 61.165 Additional aircraft category and class ratings.
* * * * *
(c) * * *
(2) Successfully complete the airline transport pilot certification
training program specified in Sec. 61.156;
* * * * *
(f) Adding a multiengine class rating to an airline transport pilot
certificate with a single engine class rating. A person applying to add
a multiengine class rating, or a multiengine class rating concurrently
with a multiengine airplane type rating, to an airline transport pilot
certificate with an airplane category single engine class rating must--
* * * * *
(2) Pass a required knowledge test on the aeronautical knowledge
areas of Sec. 61.155(c), as applicable to multiengine airplanes;
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on or about November 3, 2021.
Steve Dickson,
Administrator.
[FR Doc. 2021-24411 Filed 11-8-21; 8:45 am]
BILLING CODE 4910-13-P
