Recognition of Pilot in Command Experience in the Military and Air Carrier Operations, 57578-57590 [2022-20328]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57578-57590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20328]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 121

[Docket No. FAA-2017-1106; Amdt. Nos. 61-150 And 121-385]
RIN 2120-AL03


Recognition of Pilot in Command Experience in the Military and 
Air Carrier Operations

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule provides additional crediting options for 
certain pilot in command (PIC) time to count towards the 1,000 hours of 
air carrier experience required to serve as a PIC in air carrier 
operations. In addition, this final rule allows credit for select 
military time in a powered-lift flown in horizontal flight towards the 
250 hours of airplane time as PIC, or second in command (SIC) 
performing the duties of PIC, required for an airline transport pilot 
(ATP) certificate. This action is necessary to expand opportunities for 
pilots that meet the amended criteria to use relevant flight experience 
toward the requirements for an ATP certificate and to meet PIC 
qualification requirements for air carrier operations.

DATES: This rule is effective October 21, 2022.

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, AFS-200, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-8166; email 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Authority for This Rulemaking
III. Discussion of the Final Rule and Public Comments
    A. ATP Aeronautical Experience Requirements (Sec.  61.159)
    B. Minimum of 1,000 Hours in Air Carrier Operations To Serve as 
Pilot in Command in Part 121 Operations (Sec.  121.436)
    C. Miscellaneous Amendments
    D. Comment Regarding the Regulatory Evaluation
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    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 Filing and Access
    B. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations and Acronyms Frequently Used in This Document

ATP Airline Transport Pilot
NPRM Notice of Proposed Rulemaking

[[Page 57579]]

PIC Pilot in Command
SIC Second in Command

I. Executive Summary

    This rulemaking provides relief to military pilots \1\ of powered-
lift seeking to obtain an airline transport pilot (ATP) certificate 
with an airplane category rating. As discussed in section III.a of this 
preamble, the FAA is allowing military pilots to credit flight time in 
a powered-lift operated in horizontal flight towards the 250-hour 
flight time requirement in an airplane in Sec.  61.159(a)(5). This 
change assists military pilots of powered-lift in qualifying for an ATP 
certificate in the airplane category.
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    \1\ For the purposes of this rule, a military pilot is a U.S. 
military pilot or former U.S. military pilot who meets the 
requirements of Sec.  61.73(b)(1), or a military pilot in the Armed 
Forces of a foreign contracting State to the Convention on 
International Civil Aviation who meets the requirements of Sec.  
61.73(c)(1).
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    This final rule also includes several changes to the 1,000-hour air 
carrier experience required to serve as PIC in part 121 operations. As 
discussed in section III.B, this final rule allows pilots with part 121 
PIC experience acquired prior to July 31, 2013, to count that time 
towards the 1,000 hours of air carrier experience required to serve as 
PIC in part 121 operations. Additionally, the final rule broadens the 
existing 500-hour credit for military pilots of fixed-wing airplanes 
and can count towards the 1,000-hour air carrier experience requirement 
by permitting certain powered-lift experiences to be credited. The 
change allows up to 500 hours of experience in multiengine powered-lift 
in operations where more than one pilot is required to be credited 
towards the 1,000-hour air carrier experience requirement.\2\ 
Additionally, in response to comments received, the FAA is also 
permitting a pilot to credit PIC time in certain part 135 eligible on-
demand multiengine aircraft operations to count towards the 1,000-hour 
air carrier experience requirement.
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    \2\ Prior to this final rule, the 500-hour credit accommodated 
military pilots of multiengine, turbine-powered fixed wing airplanes 
in operations where more than one pilot was required. 14 CFR 
121.436(c).
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    Because this final rule amends two disparate regulations, the FAA 
has provided the necessary background information in the relevant 
sections of the Discussion of the Final Rule and Public Comments.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 United States Code (U.S.C.). Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; 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 U.S.C. 44703(a), which requires the 
Administrator to issue 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 revises the 
qualifications required to apply for an ATP certificate and the 
qualifications required to serve as PIC in part 121 operations. For 
these reasons, this rulemaking is within the scope of the FAA's 
authority.

III. Discussion of the Final Rule and Public Comments

    On November 24, 2017, the FAA published a notice of proposed 
rulemaking (NPRM) titled Recognition of Pilot in Command Experience in 
the Military and in Part 121 Air Carrier Operations.\3\ In the NPRM, 
the FAA proposed amendments to parts 61 and 121 that would alleviate 
the regulatory burden on pilots with military powered-lift experience 
and pilots with part 121 PIC experience prior to July 31, 2013.
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    \3\ 82 FR 55791.
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    The NPRM provided for a 60-day comment period, which ended on 
January 23, 2018. The FAA received and considered a total of 146 
comments to the NPRM.\4\ Commenters included major air carriers, cargo 
air carriers, powered-lift manufacturers, pilot labor associations, 
military pilots, and private citizens. The majority of the comments 
were from military pilots with experience operating powered-lift.
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    \4\ The FAA notes that three comments were in response to other 
commenters.
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    All of the commenters, including many from the military powered-
lift community, generally supported the proposal. Some commenters 
recommended changes to the proposed rule language. The FAA also 
received several comments on the cost savings for military pilots who 
can use the powered-lift time towards the 250 hours of PIC time for an 
ATP certificate in the airplane category.
    Because of the specific nature of each provision, the FAA discusses 
each amendment separately.

A. ATP Aeronautical Experience Requirements (Sec.  61.159)

    Since 1969, the FAA has required an applicant for an ATP 
certificate with an airplane category rating to have at least 1,500 
hours of flight time as a pilot.\5\ Today, this requirement is found in 
Sec.  61.159(a). As part of the 1,500 hours of the total time required, 
Sec.  61.159(a)(5) requires the applicant to have at least 250 hours of 
flight time in an airplane as PIC, or as SIC performing the duties of 
PIC while under the supervision of a PIC,\6\ or any combination 
thereof. The 250 hours of airplane time must include at least 100 hours 
of cross-country time and 25 hours of night time.\7\
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    \5\ Final Rule, Part 61 Certification: Pilots and Flight 
Instructors, 34 FR 17162 (Oct. 23, 1969).
    \6\ The FAA considers an SIC to be performing the duties of PIC 
while under the supervision of a PIC when an SIC who is required by 
the type certification of the aircraft or the operation under which 
the flight is being conducted ``performs all the functions of the 
pilot-in-command including landings and takeoffs, en route flying, 
low approaches, and ground functions.'' See Memorandum to John 
Duncan from Rebecca MacPherson, Assistant Chief Counsel for 
Regulations (Apr. 13, 2012) (interpreting the provision of 14 CFR 
61.159(a)(4), which at the time stated ``250 hours of flight time in 
an airplane as pilot in command, or as second in command performing 
the duties of pilot in command while under the supervision of a 
pilot in command'').
    \7\ 14 CFR 61.159(a)(5)(i) and (ii).
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    Over the years, military pilots have asked the FAA whether they may 
credit their flight time in powered-lift aircraft, when operated in 
horizontal flight, towards the aeronautical experience requirement of 
Sec.  61.159(a)(5) for an ATP certificate with an airplane category 
rating.\8\ Prior to this final rule, Sec.  61.159(a)(5) required a 
person to obtain 250 hours of flight time as a PIC (or SIC performing 
the duties of PIC while under the supervision of a PIC) in the airplane 
category, which was the category of aircraft for which the rating was 
sought. In 1997, the FAA established a separate category of aircraft 
for powered-lift and adopted Sec.  61.163(a),\9\ which prescribes the 
aeronautical experience required for an ATP certificate with a powered-
lift category rating.\10\ Because the FAA

[[Page 57580]]

established powered-lift as a separate category of aircraft rather than 
a class or type under an existing category, a pilot was precluded from 
crediting flight time in a powered-lift aircraft towards the airplane-
specific aeronautical experience requirement of Sec.  61.159(a)(5).\11\
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    \8\ 14 CFR 1.1 defines ``powered-lift'' as a heavier-than-air 
aircraft capable of vertical takeoff, vertical landing, and low 
speed flight that depends principally on engine-driven lift devices 
or engine thrust for lift during these flight regimes and on 
nonrotating airfoil(s) for lift during horizontal flight.
    \9\ Final Rule, Pilot, Flight Instructor, Ground Instructor, and 
Pilot School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
    \10\ Section 61.163(a)(3) requires a person who is applying for 
an ATP certificate with a powered-lift category rating to obtain the 
same 250 hours of flight time in a powered-lift aircraft.
    \11\ For a more detailed discussion of the background relevant 
to the FAA's amendment to Sec.  61.159, see the NPRM. 82 FR at 
55793.
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    In the NPRM for this rule, the FAA proposed to amend Sec.  
61.159(a)(5) by adding a new provision that would allow military pilots 
to credit flight time in a powered-lift operated in horizontal flight 
towards the 250-hour airplane flight time requirement.\12\ Under the 
proposal, a military pilot would be allowed to credit flight time 
obtained in a powered-lift as PIC, or SIC performing the duties of PIC 
while under the supervision of a PIC, towards the aeronautical 
experience requirement of Sec.  61.159(a)(5). Additionally, the 
proposed allowance for military time in powered-lift would have 
extended to the cross-country time and night time requirements of Sec.  
61.159(a)(5). The FAA did not propose to limit the amount of powered-
lift time a military pilot may credit towards the 250 hours of airplane 
time other than stating the time credited must have been acquired in 
horizontal flight.
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    \12\ In July 2013, the FAA published a final rule that permits 
military pilots to obtain an ATP certificate with 750 hours total 
time as a pilot as compared with the 1,500-hours generally required 
to apply for the certificate. Final Rule, Pilot Certification and 
Qualification Requirements for Air Carrier Operations, 78 FR 42324 
(Jul. 15, 2013).
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    All commenters generally supported the proposal to permit credit 
for military powered-lift PIC time. Delta Airlines Flight Operations, 
Coalition of Airline Pilots Associations (CAPA), and AgustaWestland 
Philadelphia Corporation (AWPC) fully supported the proposal. Several 
commenters suggested changes to the proposed rule language, which are 
discussed below.
    The Air Line Pilots Association, International (ALPA) suggested the 
FAA limit the amount of flight time a military powered-lift pilot may 
credit towards the 250 hours of airplane PIC time but did not state 
what it believed would be an appropriate amount of time. ALPA was 
concerned about the pilots' ability to track and verify the applicable 
powered-lift time. ALPA also stated that the number of takeoffs and 
landings in the ``airplane'' mode is important. ALPA believed it would 
be inappropriate to allow a pilot to credit 250 hours of powered-lift 
time that was conducted at cruise while most takeoffs and landings were 
done vertically.
    An individual commenter responded to ALPA's concerns. With regard 
to ALPA's concerns about tracking the flight time, the commenter 
explained that a pilot can easily determine and log the flight time 
obtained in a powered-lift in horizontal flight. The commenter added 
that each military pilot signs each page of his or her logbook as a 
``certified and correct record''; therefore, any powered-lift 
``horizontal'' flight time credited towards the 250-hour aeronautical 
experience requirement could be properly accounted for in the pilot's 
records. With respect to takeoff and landing, the commenter believed 
that ALPA erred in suggesting that vertical takeoffs and landings are 
the standards for powered-lift. According to the commenter, a typical 
profile for both the V-22 and AV-8 \13\ includes takeoffs and landings 
in airplane mode. Nonetheless, because the FAA already proposed to 
preclude the crediting of vertical flight time in a powered-lift, the 
commenter found no reason to further limit the horizontal portion of 
powered-lift flight time simply because vertical landings or takeoffs 
occurred.
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    \13\ The V-22 is a multiengine powered-lift military aircraft 
commonly known as the Osprey. The AV-8 and F-35B are single-engine 
powered-lift military aircraft commonly known as the Harrier and 
Lightning II, respectively.
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    While the FAA acknowledges that military pilots do not typically 
log powered-lift time in each ``mode'' of flight (i.e., horizontal or 
vertical), the FAA has determined that limiting the amount of credit on 
this basis is not necessary. As many of the commenters attested, a 
significant majority \14\ of the time spent in powered-lift is in 
horizontal flight. Military pilots will have well in excess of 250 
hours of PIC time in powered-lift. Even using the most conservative 
approximation, these pilots will generally have two to five times that 
amount of PIC-powered-lift time.\15\ Because the applicable amount of 
powered-lift time will well exceed the 250-hour flight time 
requirement, the FAA finds it unnecessary to limit the amount of credit 
simply because military pilots may not have tracked the exact number of 
hours spent in horizontal flight. In response to ALPA's comment about 
the FAA's ability to verify the hours, the evaluator for the ATP 
certificate will determine if the pilot's records and desired credit 
sought are appropriate.\16\ For these reasons, the FAA does not share 
ALPA's concern about the ability to track and verify the applicable 
amount of PIC powered-lift time.
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    \14\ Commenters estimated that military pilots operate powered-
lift aircraft in horizontal flight between 80-99% of the time. These 
comments are available in the docket for this rulemaking at https://www.regulations.gov at Docket No. FAA-2017-1106.
    \15\ Based on discussions with current and former military 
powered-lift pilots, the FAA determined that a military powered-lift 
pilot will generally have between 1,000-2,500 hours of total 
powered-lift time, which includes about 500-1,250 hours of PIC 
powered-lift time.
    \16\ A military powered-lift pilot will account for his or her 
flight time on the FAA Form 8710 (Airman Certificate or Rating 
Application). This flight time will be reviewed to determine 
eligibility for the certificate or rating sought by an FAA inspector 
or designee. In FAA Order 8900.1, volume 5, chapter 3, section 1, 
the FAA recognizes that the aeronautical experience shown in 
official military records may not always align with the required 
aeronautical experience requirements in part 61. See also FAA Order 
8900.95A, volume 3, section 2, paragraph 2b, Note, (page 3-8) of the 
Designee Management Policy, which applies the 8900.1, volume 5 to 
designees. In such circumstances, an inspector who has past military 
flight experience as a military pilot may validate the flight 
records.
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    In response to ALPA's concern about takeoffs and landings, the FAA 
recognizes that a military powered-lift pilot may conduct more takeoffs 
and landings in the vertical mode rather than ``airplane'' mode. As 
noted by commenters, however, this is not always the case. The type of 
takeoff and landing largely depends on the powered-lift and the 
military operation. Nevertheless, the FAA finds it unnecessary to limit 
the amount of military powered-lift time that may be credited towards 
the 250-hour requirement merely because the pilot may have conducted 
takeoffs and landings in the vertical mode. Section 61.159(a)(5) does 
not expressly require any of the 250 hours of airplane PIC time to 
include takeoffs and landings. The requirement in Sec.  61.159(a)(5), 
which has existed since 1952,\17\ is intended to require aeronautical 
experience performing the duties and functions of a PIC or SIC 
performing the duties of PIC while under the supervision of a PIC in an 
airplane.
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    \17\ Final Rule, Aeronautical Experience Requirement for Airline 
Transport Pilot Rating, 17 FR 3479 (Apr. 19, 1952). In 1952, the 
Civil Aeronautics Board adopted this requirement in Sec.  21.16(a).
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    The FAA recognizes that, in obtaining the 250 hours of PIC time in 
an airplane, a pilot who has learned to fly and acquired experience in 
an airplane will likely have obtained a certain amount of PIC 
experience performing takeoffs and landings in an airplane. The FAA 
finds, however, that this is not a basis to limit the amount of 
powered-lift time a military pilot may credit towards the 250 hours of 
airplane time, other than stating the time credited must have been 
acquired in horizontal flight. As previously stated, military powered-
lift pilots will have two to five times the amount of PIC time required 
by the

[[Page 57581]]

regulation. In addition, due to the quality and structure of military 
training and the demanding nature of military operations, the FAA finds 
that a pilot who has spent approximately 500-1,250 hours performing the 
duties and functions of a PIC in military powered-lift operations will 
have obtained a level of experience comparable to the experience 
obtained by accruing 250 hours of PIC time in an airplane.
    To the extent ALPA is concerned that a military powered-lift pilot 
will not have airplane experience, particularly in takeoff and landing, 
prior to obtaining an ATP certificate in the airplane category, the FAA 
responds that military powered-lift pilots receive training and are 
qualified in an airplane prior to transitioning to a powered-lift. The 
amount of airplane-specific training varies depending upon which 
powered-lift the pilot will transition to. However, the comprehensive 
and demanding nature of military pilot training and the military's 
assessment of flight proficiency ensures that the pilot is capable of 
successfully performing takeoffs and landings in an airplane prior to 
operating a powered-lift. As evidenced by several commenters, military 
V-22 \18\ pilots were required to demonstrate proficiency to the 
commercial level in the King Air 200 \19\ while attending Naval Flight 
Training. With the required documentation outlined in Sec.  61.73, the 
FAA acknowledges the airplane training and checking a military powered-
lift pilot has completed and permits those pilots to apply for a 
commercial pilot certificate in the appropriate airplane class(es) as a 
result.\20\
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    \18\ The V-22 Osprey is a twin-engine powered-lift aircraft in a 
tiltrotor configuration. The maximum takeoff weight is approximately 
52,600 lbs. It is operated by the military.
    \19\ King Air 200 is a twin-engine turboprop aircraft. The 
military uses this aircraft for pilot training in addition to 
passenger transportation, cargo, and intelligence gathering. Maximum 
takeoff weight is typically 12,500 lbs.
    \20\ The FAA more fully explains Sec.  61.73 and the ability for 
a military powered-lift pilot to apply for a commercial pilot 
certificate with an airplane category and appropriate class ratings 
later in this section.
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    Furthermore, the accumulation of 250 hours of PIC time in a 
military powered-lift does not automatically result in an ATP 
certificate in the airplane category. Rather, a military pilot will 
still be required to meet the other aeronautical experience 
requirements of Sec.  61.159, including the requirement to obtain at 
least 50 hours of flight time in the class of airplane for the rating 
sought.\21\ This means a military pilot seeking an ATP certificate with 
an airplane category multiengine class rating must have at least 50 
hours of flight time in a multiengine airplane, which will provide the 
pilot with experience performing takeoffs and landings in the class of 
airplane appropriate to the rating sought. Additionally, the military 
pilot will still be required to complete the ATP certification training 
program (ATP CTP) required by Sec.  61.156 for a multiengine airplane 
ATP certificate, pass the ATP knowledge test, and pass the ATP 
practical test or air carrier evaluation that results in the issuance 
of an ATP certificate. The ATP CTP requires 10 hours of training in a 
flight simulation training device (FSTD) that represents a multiengine 
turbine airplane.\22\ In addition, the practical test--or the 
proficiency and competency checks required under parts 121 and 135--
will be conducted in the class of airplane for the rating sought and 
will include an evaluation of the pilot's ability to take off and land 
the airplane.
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    \21\ 14 CFR 61.159(a)(3).
    \22\ 14 CFR 61.156(b).
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    For the reasons explained above, the FAA finds it unnecessary to 
limit the amount of PIC-powered-lift flight time that a military pilot 
may credit toward the 250-hour flight time requirement. Section 
61.159(a)(5) remains unchanged from the proposed rulemaking.
    One commenter suggested the FAA also allow powered-lift flight time 
to be credited toward the commercial pilot certificate in the airplane 
category with a multiengine class rating.
    The FAA finds it unnecessary to amend the regulations in response 
to this comment. Consistent with the NPRM, the amendment to Sec.  
61.159(a)(5), which allows certain powered-lift times to be credited, 
applies only to military pilots. While a military pilot must satisfy 
the aeronautical requirements of Sec.  61.159(a) to obtain an ATP 
certificate with an airplane category rating, a military pilot is not 
required to satisfy the aeronautical experience requirements of Sec.  
61.129(a) to obtain a commercial pilot certificate with an airplane 
category rating. Instead, Sec.  61.73(a) allows military pilots to 
apply for a commercial pilot certificate with the appropriate aircraft 
category and class rating ``on the basis of their military pilot 
qualifications'' without taking a practical test.\23\ Military powered-
lift pilots receive comprehensive training in an airplane and a rating 
qualification prior to transitioning to the powered-lift.\24\ Military 
powered-lift pilots may therefore obtain a commercial pilot certificate 
with an airplane category rating and single-engine or multiengine class 
rating(s), as appropriate, based on their military pilot 
qualifications, provided the pilot satisfies the requirements of Sec.  
61.73.\25\ Because the regulations allow a military powered-lift pilot 
to obtain a commercial pilot certificate with an airplane category 
rating without satisfying the aeronautical experience requirements of 
Sec.  61.129, the FAA finds it unnecessary to revise Sec.  61.129 in 
response to the commenter.
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    \23\ Under Sec.  61.73(b), a person who qualifies as a military 
pilot or former military pilot in the U.S. Armed Forces may apply 
for a pilot certificate and ratings under Sec.  61.73(a) if that 
person, in part, presents evidentiary documents described under 
Sec.  61.73(h)(2) and presents official U.S military records that 
show, before the date of application, the person either: (1) passed 
an official U.S. military pilot and instrument proficiency check in 
a military aircraft of the kind of aircraft category, class, and 
type of aircraft (if applicable) for the ratings sought; or (2) 
logged 10 hours of pilot time as a military pilot in a U.S. military 
aircraft in the kind of aircraft category, class, and type (if 
applicable) for the aircraft rating sought. The evidentiary document 
that must be submitted in accordance with Sec.  61.73(h)(2) is an 
official U.S. Armed Forces record that shows the person graduated 
from a U.S. Armed Forces undergraduate pilot training school and 
received a rating qualification as a military pilot.
    \24\ The training and testing received is acknowledged in FAA 
inspector guidance and was further validated based on discussions 
with current and former military pilots. A military powered-lift 
pilot obtains flight training and a rating qualification in an 
airplane prior to receiving training in the powered-lift aircraft. 
See FAA Order 8900.1, volume 5, chapter 12, section 15.
    \25\ A military pilot who holds a rating qualification in a 
single-engine airplane may only obtain a commercial pilot 
certificate with an airplane category single-engine class rating 
pursuant to Sec.  61.73. The FAA emphasizes, however, that upon 
obtaining a commercial pilot certificate pursuant to Sec.  61.73, 
that individual may add an airplane multiengine rating to his or her 
commercial pilot certificate in accordance with Sec.  61.63(c).
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    Two commenters suggested the FAA allow powered-lift credit toward 
the requirements for the flight instructor certificate and the flight 
instructor certificate with an instrument rating.\26\ One commenter 
specifically mentioned instructor ratings obtained based on military 
competency, which is a term associated with Sec.  61.73. Because the 
commenters did not provide specific detail about the kind of credit 
that the FAA should allow, the FAA will address both avenues for 
obtaining an instructor certificate based on military experience in 
accordance with Sec.  61.73(g) and adding instructor ratings through 
the regular FAA certification process in accordance with Sec.  
61.183.\27\
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    \26\ One of the individual commenters specified multiengine 
instructor and instrument instructor.
    \27\ Section 61.183 contains the eligibility requirements for 
obtaining a flight instructor certificate through the normal 
civilian certification process as opposed to obtaining a flight 
instructor certificate based on military competence under Sec.  
61.73(g).

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[[Page 57582]]

    As with military pilot ratings, Sec.  61.73 allows a military 
instructor to obtain an FAA flight instructor certificate based on 
prior military instructor experience in a particular category and class 
of aircraft. For military instructor pilots seeking a flight instructor 
certificate from the FAA based on military experience pursuant to Sec.  
61.73(g), experience as a military powered-lift instructor does not 
make that pilot eligible for a flight instructor certificate in the 
airplane category. To obtain a flight instructor certificate through 
military competence, a person must: (1) hold an FAA commercial pilot 
certificate or ATP certificate with the category and class ratings for 
the instructor privileges being sought; (2) hold an instrument rating, 
or have instrument privileges, on the pilot certificate that is 
appropriate to the flight instructor rating sought; and (3) provide 
documentation that demonstrates that the pilot has a military 
qualification as an instructor pilot or examiner, completed military 
instructor pilot or examiner training, and completed a proficiency 
check as a military instructor pilot or examiner in the instructor 
ratings sought. Because Sec.  61.73(g) is solely based on a person's 
military instructor experience, it would be inappropriate to give an 
airplane instructor rating (or credit towards a rating) to a military 
instructor who did not instruct in airplanes.
    For example, in order to obtain a flight instructor certificate 
with airplane category multiengine class ratings, a military pilot 
would have to obtain either a commercial pilot certificate (and 
instrument rating) with airplane category multiengine class ratings or 
an ATP certificate with an airplane category multiengine class ratings 
and demonstrate he or she was a military instructor in multiengine 
airplanes in accordance with Sec.  61.73(g). The same would apply to 
instrument privileges. The military pilot would have to demonstrate he 
or she holds or held an instrument rating or instrument privileges in 
the appropriate category of aircraft for the instructor rating sought 
and was qualified as a military instrument instructor to obtain an 
instrument instructor rating on their flight instructor certificate.
    As noted, a military pilot may be initially qualified in an 
airplane before receiving a powered-lift qualification, thereby 
allowing the pilot to receive both airplane and powered-lift ratings 
through military competency. A military powered-lift instructor, 
however, does not receive an initial qualification as a military 
airplane instructor. Therefore, a military powered-lift instructor is 
eligible for only a powered-lift instructor rating through Sec.  
61.73(g).
    To the extent that commenters suggested the FAA should issue 
airplane ratings on FAA flight instructor certificates based solely on 
military powered-lift instructor documentation, the FAA does not agree 
because these instructors have no specific military experience 
instructing in airplanes. Such an allowance would be inconsistent with 
the FAA's longstanding position that an instructor must demonstrate 
knowledge and skill in the category and class of aircraft in which he 
or she is going to instruct. With military competency, the instructor 
demonstrates this within the military system by obtaining a military 
instructor qualification and subsequently passing the FAA instructor 
knowledge test. Absent military competency, this demonstration is 
achieved through successful completion of the FAA knowledge test and 
practical test in accordance with Sec.  61.183.
    Section 61.183 prescribes the eligibility requirements for a person 
seeking an FAA flight instructor certificate or an additional flight 
instructor rating.\28\ The FAA also disagrees with allowing military 
pilots to credit powered-lift time towards the flight time required for 
a flight instructor certificate with an airplane category rating under 
this section. The following paragraphs explain the FAA's rationale.
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    \28\ 14 CFR 61.191(a).
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    Section 61.183(c) requires an applicant for a flight instructor 
certificate to hold at least a commercial pilot certificate with the 
aircraft category and class rating appropriate to the flight instructor 
rating sought. As previously explained, a military powered-lift pilot 
is eligible for a commercial pilot certificate in the airplane category 
with the appropriate class rating based on the airplane rating 
qualification that the military pilot initially received prior to being 
qualified on the powered-lift. Therefore, the military powered-lift 
pilot already receives credit for his or her military experience as a 
pilot in an airplane to meet the eligibility requirement for a flight 
instructor certificate in Sec.  61.183(c). The FAA has determined that 
where a military pilot cannot demonstrate prior military instructor 
experience in an airplane, it is not appropriate to give any credit 
toward an FAA instructor certificate with airplane ratings based on 
military instructor experience in a powered-lift. Rather, as with all 
instructors who seek to add an additional instructor rating, a military 
powered-lift instructor must satisfy the requirements of Sec.  61.183 
to add an airplane instructor rating, which includes flight time, an 
instructor endorsement, and a practical test.
    To the extent that the commenters were recommending flight hour 
credit for powered-lift time, the only flight time required for a 
flight instructor certificate is 15 hours as PIC in the category and 
class of aircraft for the flight instructor rating sought.\29\ The FAA 
notes that a person who is already certificated as a flight instructor 
under part 61 is also required to have 15 hours as PIC in the category 
and class of aircraft for the rating sought when he or she seeks to add 
an additional rating on his or her flight instructor certificate.\30\
---------------------------------------------------------------------------

    \29\ 14 CFR 61.183(j). The FAA adopted this requirement for 
applicants seeking a flight instructor certificate in 1997. Final 
Rule, Pilot, Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules, 62 FR 16220, 16273 (Apr. 4, 1997).
    \30\ 14 CFR 61.191. The FAA also notes that Sec.  61.187 
requires an applicant for a flight instructor certificate to obtain 
the flight training on the areas of operation listed in Sec.  61.187 
in an aircraft or FSTD that is representative of the category and 
class of aircraft for the flight instructor rating sought.
---------------------------------------------------------------------------

    When the FAA first adopted this 15-hour requirement,\31\ it applied 
only to flight instructors seeking an additional rating, and the FAA 
acknowledged the difficulty and expense involved in obtaining PIC time 
in aircraft such as multiengine airplanes and helicopters. However, the 
FAA determined it was necessary to require some actual PIC time in the 
aircraft in which the flight instructor will instruct.\32\ In 1997, the 
FAA adopted Sec.  61.183(j), which imposed the 15-hour flight time 
requirement on applicants for a flight instructor certificate.\33\ The 
FAA still finds it necessary to require an applicant for a flight 
instructor certificate or an additional rating to obtain 15 hours of 
PIC time in the category and class of aircraft prior to providing 
flight instruction in that category and class of aircraft. This 
requirement is intended to prevent a flight instructor from giving 
multiengine flight instruction, for example, in a category and class of 
aircraft in which they do not have sufficient experience.\34\ The 
military powered-lift

[[Page 57583]]

pilot may have PIC airplane time from his or her military experience 
that could be used to meet the 15-hour requirement, but ultimately that 
pilot will need to demonstrate knowledge and skill instructing in 
airplanes in order to receive a flight instructor certificate with an 
airplane category rating.
---------------------------------------------------------------------------

    \31\ Final Rule, Certification: Pilots and Flight Instructors, 
38 FR 3156, 3160 (Feb. 1, 1973). The FAA notes that when it first 
proposed this flight time requirement, it proposed 25 hours of PIC 
time in the category and class of aircraft in which a rating is 
sought. NPRM, Certification: Pilots and Flight Instructors, 37 FR 
6012, 6015 (Mar. 23, 1972). In the final rule, the FAA lowered the 
requirement to 15 hours in response to comments. 38 FR at 3161.
    \32\ 38 FR 3161.
    \33\ 62 FR 16220, 16273.
    \34\ 37 FR 6012, 6015.
---------------------------------------------------------------------------

    AWPC and two individuals commented that the FAA should allow 
military pilots to credit powered-lift time toward an ATP certificate 
with a rotorcraft category helicopter class rating.\35\ The FAA is not 
adopting a similar credit for the aeronautical experience required for 
an ATP certificate in the rotorcraft category with a helicopter class 
rating. As explained in the NPRM, powered-lift are predominantly 
operated in the horizontal flight regime. When operated in this mode, 
the FAA finds that powered-lift are, for all practical purposes, 
operated like airplanes. Many commenters supported this rationale.\36\ 
The FAA finds that there would be a minimal benefit to crediting 
powered-lift time towards an ATP certificate with a rotorcraft rating.
---------------------------------------------------------------------------

    \35\ 14 CFR 61.161 prescribes the aeronautical experience 
requirements for obtaining an ATP certificate in the rotorcraft 
category with a helicopter class rating. A pilot must have at least 
75 hours of helicopter PIC time, or as SIC performing the duties of 
a PIC under the supervision of a PIC, to be eligible.
    \36\ See Docket No. FAA-2017-1106.
---------------------------------------------------------------------------

    AWPC also suggested the FAA allow powered-lift time to be credited 
towards the ATP certificate with a powered-lift category rating. The 
FAA finds it unnecessary to make any revisions to Sec.  61.163, which 
prescribes the aeronautical experience requirements for persons seeking 
an ATP certificate with a powered-lift category rating. Unlike the 250-
hour PIC requirement in Sec.  61.159(a)(5), which was airplane 
category-specific,\37\ the 250-hour PIC requirement in Sec.  
61.163(a)(3) is powered-lift category specific. Therefore, military 
pilots may already credit their PIC time in a powered-lift towards this 
requirement.\38\ The FAA notes that military pilots may credit their 
powered-lift time towards the other aeronautical requirements of Sec.  
61.163 as well.
---------------------------------------------------------------------------

    \37\ Because this requirement was specific to the airplane 
category, flight time obtained in the powered-lift category could 
not be credited.
    \38\ Under Sec.  61.51(j), a person may log flight time in a 
military aircraft under the direct operational control of the U.S. 
Armed Forces.
---------------------------------------------------------------------------

    One commenter stated that powered-lift time should be allowed to 
count towards ``currency requirements'' \39\ for both airplanes and 
helicopters. The commenter contended that many powered-lift pilots are 
being turned down from employment opportunities since they do not have 
recent experience in airplanes or helicopters.
---------------------------------------------------------------------------

    \39\ In this context, the commenter is referring to employer 
established hiring requirements, not FAA requirements for currency.
---------------------------------------------------------------------------

    Although the FAA understands the commenters' concern, the FAA does 
not control an employer's minimum requirements for hiring a pilot. It 
is the employer's decision as to the acceptable level of recent 
experience they require of a potential employee.
    One commenter questioned the accuracy of the cost analysis for this 
rulemaking. The commenter suggested that the FAA's determination does 
not consider the total costs to the Federal Government, particularly to 
the Department of Defense (DoD). The commenter further suggested that 
the timing of this rulemaking could be costly to the armed services due 
to a convergence of circumstances that will exacerbate an existing 
pilot retention problem facing the armed services. The commenter urged 
the FAA to conduct another analysis of the cost impact to the entire 
Federal Government or request the armed services to provide feedback.
    Two individuals submitted rebuttals to this commenter. One 
commenter stated that this proposal ``seeks to rectify rules that 
unfairly and inadvertently handicapped Honorably Discharged powered-
lift veterans from capitalizing on the same military competency rules 
as their traditional ``fixed-wing'' peers. Military competency rules 
are not politically based--they only recognize the high quality of 
military training and flight time and allow pilots the ability to 
easily transfer their flight time to earn FAA certificates.'' \40\ The 
other commenter agreed that the United States Air Force (USAF) has 
acknowledged a looming pilot shortage. However, the commenter stated 
that the United States Marine Corps (USMC) has not announced a pilot 
shortage, and this rulemaking primarily affects USMC aircraft. This 
commenter explained that the real issue is the correct accounting for 
experience gained by flying powered-lift and how that should translate 
to the FAA and civilian flight ratings and certification eligibility. 
The commenter asserted that, of the several aircraft mentioned in the 
NPRM, the USAF only flies a very small number of CV-22s; however, the 
individual who questioned the cost analysis based his entire argument 
on USAF pilot data.
---------------------------------------------------------------------------

    \40\ Docket Number: FAA-2017-1106-0136; Comment Tracking Number: 
1k2-912t-fq9n.
---------------------------------------------------------------------------

    In response to the commenter's concerns that this rulemaking would 
further exacerbate the military pilot shortage, the FAA reviewed recent 
literature, studies, and data on this issue to identify the causes of 
the military pilot shortage. Military pilots separate from service for 
a variety of reasons, especially the large pay gap between commercial 
and military pilots, which this rulemaking does not directly affect. As 
a result, the FAA has concluded that this rulemaking by itself will not 
increase the attrition rate of powered-lift pilots due to the limited 
relief and the small number of pilots with powered-lift time affected 
by the rulemaking. For a more detailed discussion of the FAA's reasons 
for this finding, please reference Section IV., Regulatory Notices and 
Analyses.
    Furthermore, allowing military pilots to credit powered-lift time 
towards airplane time does not necessarily mean a pilot will leave the 
military sooner. In response to the commenter's request, the FAA had 
conversations with the Department of Defense.\41\ Following these 
conversations, the FAA concluded that, although this final rule could 
make a separation for civilian flying jobs more appealing, that is not 
adequate justification for not giving credit for the relevant 
experience a military powered-lift pilot has gained. That training and 
experience can transfer to airplane flying, and requiring these pilots 
to accrue additional airplane time to satisfy the airplane PIC 
requirement for an ATP certificate is unnecessary and burdensome.
---------------------------------------------------------------------------

    \41\ The FAA posted a record of conversation to FAA-2017-1106-
0147.
---------------------------------------------------------------------------

B. Minimum of 1,000 Hours in Air Carrier Operations To Serve as Pilot 
in Command in Part 121 Operations (Sec.  121.436)

    The Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216, ``the Act''), directed the FAA to conduct 
rulemaking to improve the qualifications and training for pilots 
serving in air carrier operations. In support of the Act, the FAA 
published the Pilot Certification and Qualification Requirements for 
Air Carrier Operations final rule on July 15, 2013.\42\ The rulemaking 
created new certification and qualification requirements for pilots in 
air carrier operations, including the addition of an experience 
requirement to serve as a PIC in part 121 operations.
---------------------------------------------------------------------------

    \42\ 78 FR 42324.
---------------------------------------------------------------------------

    Specifically, Sec.  121.436(a)(3) requires pilots serving as PIC in 
part 121 operations to have, in addition to an

[[Page 57584]]

ATP certificate and an aircraft type rating, at least 1,000 hours of 
air carrier experience. Prior to this final rule, a pilot could satisfy 
the 1,000-hour air carrier experience requirement by using a 
combination of time serving as SIC in operations under part 121, or 
serving as PIC in operations under Sec.  91.1053(a)(2)(i) or Sec.  
135.243(a)(1). One limitation on meeting the 1,000-hour air carrier 
experience requirement in Sec.  121.436, however, was that it did not 
allow a pilot to use any flight time obtained as PIC in part 121 
operations prior to July 31, 2013.\43\ In addition, Sec.  121.436(c) 
limited military flight time credit toward the 1,000-hour air carrier 
experience requirement to military time obtained as PIC of a 
multiengine, turbine-powered, fixed-wing airplane in an operation 
requiring more than one pilot.\44\ Because the regulation expressly 
limited the creditable military flight time to PIC time acquired in 
fixed-wing airplanes, military pilots could not credit any of their 
military time obtained in multiengine, turbine-powered powered-lift 
aircraft towards the 1,000-hour air carrier experience requirement.
---------------------------------------------------------------------------

    \43\ As discussed more fully in the NPRM, the FAA granted 
petitions for exemption to allow pilots who had part 121 PIC 
experience prior to July 31, 2013, but were not employed as a part 
121 PIC on July 31, 2013, to count their previously accrued part 121 
PIC time towards the 1,000-hour air carrier experience requirement. 
The exemption allowed the pilot to serve as PIC in part 121 
operations and permitted the part 119 certificate holder to employ 
the pilot as PIC.
    \44\ Under Sec.  121.436(c), a military pilot may credit 500 
hours of military flight time obtained as pilot in command of a 
multiengine turbine-powered, fixed-wing airplane in an operation 
requiring more than one pilot toward the 1,000-hour air carrier 
experience requirement.
---------------------------------------------------------------------------

    In the NPRM, the FAA proposed to amend these requirements to 
provide relief to pilots who obtained part 121 PIC experience prior to 
July 31, 2013, and to military pilots of powered-lift.
1. Part 121 Experience Prior to July 31, 2013
    In the NPRM, the FAA proposed to add new Sec.  121.436(d) to allow 
experience gained as PIC in part 121 operations prior to July 31, 2013, 
to count towards the 1,000 hours of air carrier experience required by 
Sec.  121.436(a)(3).
    ALPA and an individual commenter supported this proposal. The FAA 
did not receive any opposing comments or recommended changes. 
Therefore, for the reasons explained in the NPRM,\45\ the FAA is adding 
new Sec.  121.436(d) as proposed.\46\
---------------------------------------------------------------------------

    \45\ 82 FR at 55794-95.
    \46\ As discussed further in Section III.C of this preamble, the 
FAA is removing paragraph (d) (as it existed prior to this final 
rule) from Sec.  121.436 as unnecessary.
---------------------------------------------------------------------------

2. Military Time
    In the NPRM, the FAA proposed to amend Sec.  121.436(c) to allow 
military flight time accrued as PIC of a multiengine, turbine-powered 
powered-lift aircraft to be credited towards the 1,000-hour air carrier 
experience requirement. Consistent with the existing requirement in 
Sec.  121.436(c), the proposal would have required the operation to 
require more than one pilot.
    Delta Air Lines, CAPA, three military commenters, and one 
individual fully supported the proposal.
    ALPA agreed that the powered-lift time should be credited towards 
the requirements of Sec.  121.436. However, similar to ALPA's comments 
on proposed Sec.  61.159(c)(5), ALPA believed the FAA should reduce the 
number of creditable hours. ALPA was concerned with the military 
pilot's ability to accurately track the time spent in horizontal flight 
and the FAA's ability to verify this flight time. ALPA also argued that 
it would be inappropriate for a pilot to credit time spent in 
horizontal flight with takeoffs and landings being conducted 
vertically. ALPA, however, did not recommend the amount of time it 
believed would be appropriate.
    One individual commenter disagreed with ALPA's suggestion to limit 
the amount of powered-lift time that may be credited towards Sec.  
121.436(a). This commenter explained that pilots can accurately track 
time in horizontal flight, most takeoffs and landings are not vertical, 
and since the vertical time is already omitted, there should be no 
reduction in credit.
    The existing requirement in Sec.  121.436(c) limits the amount of 
military time that may be credited towards the 1,000-hour air carrier 
experience requirement to 500 hours. The FAA finds it unnecessary to 
further limit the amount of military time that may be credited merely 
because the flight time was obtained while operating a multiengine, 
turbine-powered, powered-lift aircraft in horizontal flight. As 
explained in the NPRM, military flight time obtained as PIC of 
transport category powered-lift provides significant multi-crew 
experience substantially similar to that obtained in transport category 
fixed-wing airplanes. The FAA also finds that allowing a military-
trained PIC of a multiengine, turbine-powered, powered-lift aircraft to 
credit up to 500 hours towards the 1,000-hour air carrier experience 
required to serve as PIC of an aircraft, is consistent with the intent 
of Sec.  121.436. The FAA has previously recognized the quality of 
military training and appreciates the complexity of those kinds of 
transport-like operations. In addition, the FAA has acknowledged that 
powered-lift are predominantly operated in the horizontal flight 
regime, much like an airplane.\47\ The FAA maintains, however, that 
while there is value in this experience, these pilots operate in a 
unique system that is different from a part 121 air carrier environment 
and military pilots will benefit from spending some time serving as a 
required crewmember in a civilian air carrier operation before 
upgrading to PIC. This time will prepare them for operating in 
compliance with the FAA regulations that govern civil aviation, the air 
carrier's particular operating specifications, and the airplane's 
operations manual.
---------------------------------------------------------------------------

    \47\ In horizontal flight, a powered-lift, like an airplane, is 
supported in flight by the dynamic reaction of the air against its 
wings.
---------------------------------------------------------------------------

    To the extent ALPA is concerned that a military powered-lift pilot 
will not have airplane experience, particularly in takeoff and landing, 
prior to serving as a PIC in part 121 operations, the FAA responds that 
military powered-lift pilots receive training and are checked in an 
airplane prior to transitioning to a powered-lift.\48\ In addition, a 
military pilot is checked in all modes of flight (i.e., horizontal, 
vertical) in a powered-lift during military proficiency checks, 
including the performance of takeoffs and landings. Finally, prior to 
serving as a SIC in part 121, the pilot will also have been evaluated 
on the ability to take off and land an airplane used in air carrier 
operations. Furthermore, because Sec.  121.436(c) limits the amount of 
creditable military flight time to 500 hours, a military powered-lift 
pilot will still be required to obtain at least 500 hours in an 
airplane prior to serving as PIC in part 121 operations.\49\ During 
this time, the pilot will obtain a significant amount of experience 
performing takeoffs and landings in the airplane category.
---------------------------------------------------------------------------

    \48\ See Section III.A of the preamble to this final rule for a 
more detailed discussion of this training.
    \49\ Pursuant to Sec.  121.436(a)(3), the pilot would be 
required to obtain the other 500 hours as SIC in operations under 
part 121, PIC in operations under Sec.  91.1053(a)(2)(i), PIC in 
operations under Sec.  135.243(a)(1), or any combination thereof.
---------------------------------------------------------------------------

    As discussed in Section III.A of this preamble, the FAA does not 
share ALPA's concerns about tracking and verifying the amount of 
powered-lift time spent in horizontal flight. Military powered-lift 
pilots will generally have well in excess of 500 hours of PIC time

[[Page 57585]]

in multiengine, turbine-powered powered-lift aircraft.\50\ And, as many 
of the commenters attested to, a significant majority of the time spent 
in powered-lift is in horizontal flight.\51\ For these reasons, the FAA 
finds it unnecessary to limit the amount of credit based on the fact 
that military pilots may not have tracked the exact number of hours 
spent in horizontal flight. Furthermore, as explained in Section III.A 
of this preamble, the evaluator will review and validate the pilot's 
records to determine if the amount of credit sought is appropriate.
---------------------------------------------------------------------------

    \50\ Based on discussions with current and former military 
pilots, the FAA determined that a military powered-lift pilot will 
generally have between 1,000-2,500 hours of total powered-lift time, 
which includes about 500-1,250 hours of PIC powered-lift time.
    \51\ Commenters estimated that powered-lift aircraft are 
operated in horizontal flight between 80-99% of the time. These 
comments are available in the docket for this rulemaking at docket 
No. FAA-2017-1106.
---------------------------------------------------------------------------

    For the reasons explained above, Sec.  121.436(c) remains unchanged 
from the proposed rulemaking.
    One commenter asked the FAA to allow select helicopter time to be 
credited towards the 1,000-hour air carrier experience requirement. The 
commenter argued that helicopters, such as the CH-46E,\52\ are large 
aircraft, which have turbine-powered engines and are operated by more 
than one pilot. The commenter also stated that out of hover, the CH-46E 
is operated similarly to an airplane and frequently conducts running 
takeoffs and landings similar to an airplane.
---------------------------------------------------------------------------

    \52\ The CH-46E is a medium-lift tandem-rotor transport 
helicopter powered by twin turboshaft engines.
---------------------------------------------------------------------------

    In the 2013 final rule that established the air carrier experience 
required to serve as a PIC in part 121 operations, the FAA did not 
allow a PIC in a part 135 helicopter operation that requires that pilot 
to hold an ATP certificate by rule (Sec.  135.243) to credit that time. 
The FAA has determined that helicopter operations are not sufficiently 
similar to an air carrier operation or the environment in which an air 
carrier operates. While operations in a large helicopter, such as the 
CH-46E, may provide multi-crew experience in an aircraft that has 
turbine-powered engines, these operations are not substantially similar 
to operations in transport category fixed-wing airplanes. Unlike 
powered-lift, which are predominantly operated like an airplane when 
operated in horizontal flight, there are significant differences 
between helicopters and airplanes, including differences in operating 
speeds, typical operating altitudes, and aerodynamic differences. As a 
result, the FAA finds that the differences outweigh the similarities 
too much to justify the credit for air carrier experience and these 
pilots would benefit from the additional time flying an airplane in the 
air carrier environment prior to upgrading to PIC.
3. Eligible On-Demand Experience in Part 135
    As previously explained, the FAA proposed to revise Sec.  121.436 
by expanding the types of operational experience that may be credited 
toward the 1,000-hour air carrier experience requirement. Specifically, 
the FAA proposed to allow flight time obtained as PIC in part 121 
operations prior to July 31, 2013, to count towards the 1,000-hour air 
carrier experience requirement. In addition, the FAA proposed to allow 
military pilots to credit certain powered-lift flight times towards 
1,000 hours. In the NPRM, the FAA explained how these proposals were 
consistent with the intent of the 1,000-hour air carrier experience 
requirement, which was adopted in the 2013 final rule.
    In the 2013 final rule, the FAA adopted Sec.  121.436(a)(3) to 
require a PIC in part 121 operations to have 1,000 hours of air carrier 
experience. In addition, the FAA determined which operational 
experience may count towards the 1,000-hour requirement. In the 
preamble, the FAA explained that the intent of the 1,000-hour air 
carrier experience requirement in Sec.  121.436(a)(3) is to prevent two 
pilots in part 121 operations with little or no air carrier experience 
from being paired together as crewmembers in line operations. In 
addition, the regulation ensures that pilots obtain at least one full 
year of relevant air carrier operational experience before assuming the 
authority and responsibility of a PIC in operations conducted in part 
121 operations. The FAA ultimately determined that certain operational 
experience outside of serving as a SIC in part 121 may count towards 
the 1,000-hour air carrier experience requirement if the operations: 
(1) require an ATP certificate, (2) are multi-crew operations, and (3) 
generally use turbine aircraft. The FAA reasoned that these operations 
are most applicable to part 121 operations.
    In response to the NPRM, Ameristar Air Cargo and Gulf & Caribbean 
Cargo asked the FAA to revise Sec.  121.436(a)(3) to also allow 
operational experience obtained under part 135 where the PIC meets the 
requirements stated in Sec.  135.4(a)(2)(ii)(A) \53\ to count towards 
the 1,000-hour requirement. These commenters made a generalized 
argument that if a part 135 cargo-only PIC holds an ATP certificate and 
appropriate type rating, then that cargo flying time should count 
toward the air carrier experience requirement. They believed this rule 
change would be consistent with the intent of the 2013 final rule 
because it would include flight time where the PIC must hold an ATP 
certificate and has extensive experience in air carrier operations. In 
addition, an anonymous commenter asked the FAA to allow persons to 
credit time serving as PIC in eligible on-demand operations under Sec.  
135.4 to count towards the 1,000-hour air carrier experience 
requirement. This commenter explained that Sec.  135.4 requires a two-
pilot crew and, for operations in multiengine turbine-powered fixed-
wing and powered-lift aircraft, the PIC is required to hold an ATP 
certificate with applicable type ratings. This commenter believed that 
not including these operations in the list of operational experience in 
Sec.  121.436(a)(3) was an oversight.
---------------------------------------------------------------------------

    \53\ Under Sec.  135.4(a)(2)(ii)(A), an ``eligible on-demand 
operation'' using multi-engine turbine-powered fixed-wing and 
powered-lift aircraft requires the PIC to hold an ATP certificate 
with applicable type ratings.
---------------------------------------------------------------------------

    Upon review of these comments, the FAA agrees that excluding 
certain eligible on-demand operations from the list of operational 
experience in Sec.  121.436(a)(3) was an oversight.\54\ In eligible on-
demand operations where the PIC is required to satisfy Sec.  
135.4(a)(2)(ii)(A),\55\ that PIC is exercising the privileges of an ATP 
certificate in a position where the certificate is required by rule in 
the United States. In addition, eligible on-demand operations conducted 
in accordance with this regulation are multi-crew operations and are 
conducted in turbine-powered aircraft. As explained in the 2012 
NPRM,\56\ these were the reasons the FAA proposed to allow flight time 
obtained as PIC in part 121 operations prior to July 31, 2013, to count 
towards the 1,000-hour air carrier experience requirement. Therefore, 
consistent with the proposal, the FAA is revising Sec.  121.436(a)(3) 
to also include

[[Page 57586]]

operational experience obtained in eligible on-demand operations where 
the PIC is required to satisfy Sec.  135.4(a)(2)(ii)(A). The FAA notes 
that this revision is also consistent with the intent of the 1,000-hour 
air carrier experience requirement, as evident from the preamble to the 
2013 final rule.\57\ Furthermore, for ease of readability, the FAA is 
reorganizing Sec.  121.436(a)(3) by listing the creditable operational 
experience in subparagraphs (a)(3)(i) through (v).
---------------------------------------------------------------------------

    \54\ On September 15, 2018, the FAA granted USA Jet Airlines an 
exemption from Sec.  121.436(a)(3) allowing pilots to use the flight 
time gained as PIC at USA Jet Airlines in accordance with Sec.  
135.4(a)(2)(ii)(A) to count towards the 1,000-hour air carrier 
experience requirement. Exemption No. 17940 (Docket No. FAA-2015-
6560).
    \55\ Section 135.4(a)(2)(ii)(A) requires the PIC to hold an ATP 
certificate.
    \56\ Pilot Certification and Qualification Requirements for Air 
Carrier Operations, 77 FR 12374, February 29, 2012.
    \57\ 78 FR at 42356-57.
---------------------------------------------------------------------------

    Allowing eligible on-demand operations conducted in accordance with 
Sec.  135.4(a)(2)(ii)(A) to count towards the 1,000-hour air carrier 
experience requirement will provide an avenue for pilots in part 135 
all-cargo operations to accrue PIC time that may be credited towards 
the 1,000-hour requirement. However, to the extent Ameristar Air Cargo 
and Gulf & Caribbean Cargo believe that all part 135 cargo-only 
turbojet PIC flight time should be counted towards the 1,000-hour 
requirement in Sec.  121.436(a)(3), the FAA disagrees. The regulations 
do not require a PIC of part 135 all-cargo turbojet operation to hold 
an ATP certificate.\58\ As explained in the 2013 final rule and the 
NPRM to this final rule, the FAA determined that the ability to fly at 
the ATP certificate level and have demonstrated this proficiency during 
evaluation is an important regulatory differentiation.
---------------------------------------------------------------------------

    \58\ 14 CFR 135.243(a).
---------------------------------------------------------------------------

    The FAA first proposed that certain operations under part 135 
should require an ATP certificate in 1977. In the 1977 NPRM, the FAA 
stated the requirement to hold an ATP certificate to act as PIC in some 
part 135 operations was ``based in part on operational complexity and 
the number of persons carried, would provide a level of safety more 
comparable to that provided by part 121.'' \59\ The FAA still maintains 
this position. Operations under Sec. Sec.  91.1053(a)(2)(i), 
135.243(a)(1) and 135.4(a)(2)(ii)(A) require an ATP certificate, are 
multi-crew operations, generally use turbine aircraft, and therefore, 
are the most comparable to part 121 operations. In response to the 
commenters' argument that a PIC who holds an ATP certificate should be 
allowed to credit time obtained in a part 135 cargo operation, the FAA 
disagrees. Because the regulations do not require an ATP certificate 
for cargo-only operations under part 135, the FAA finds that the 
operational complexity of part 135 cargo operations is not 
substantially similar to operations conducted under part 121, 
Sec. Sec.  135.243(a)(1), 135.4(a)(2)(ii)(A), and 91.1053(a)(2)(i). As 
explained in the 2013 final rule and the associated NPRM, while other 
parts 91 and part 135 operations may involve certain elements that are 
relatable to part 121 operations, the varied nature of operations does 
not make credit toward the 1,000-hour requirement appropriate. 
Therefore, because turbojet pilots in part 135 cargo operations are not 
required to hold an ATP certificate, the time accrued in such 
operations should not count toward the requirements of Sec.  
121.436(a)(3).
---------------------------------------------------------------------------

    \59\ Part 135 Regulatory Review Program Air Taxi Operators and 
Commercial Operators, 42 FR 43490, 43504, August 29, 1977.
---------------------------------------------------------------------------

C. Miscellaneous Amendments

    Prior to this rulemaking, Sec.  121.436(a)(3) contained an 
exception from the 1,000-hour air carrier experience requirement for 
pilots who ``are'' employed as PIC in part 121 operations on July 31, 
2013. Because the date referenced in paragraph (a)(3) has passed, the 
FAA proposed to revise the statement to accept pilots who ``were'' 
employed as PIC in part 121 operations on July 31, 2013. The FAA 
received no comments on this proposed change. Therefore, the FAA is 
adopting this revision as proposed. However, due to the restructuring 
of Sec.  121.436(a)(3), the FAA has decided to relocate this 
requirement from proposed Sec.  121.436(a)(3) to Sec.  121.436(e) for 
ease of readability.
    In the NPRM, the FAA also proposed to remove paragraph (d) from 
Sec.  121.436 (as it existed prior to this final rule) because the 
dates in the provision are no longer relevant, thereby making the 
requirements obsolete. The FAA did not receive any comments on this 
proposed change. The FAA is therefore removing paragraph (d) as 
proposed.\60\
---------------------------------------------------------------------------

    \60\ As previously discussed, the FAA is adding a new paragraph 
(d) to Sec.  121.436.
---------------------------------------------------------------------------

D. Comment Regarding the Regulatory Evaluation

    In the NPRM, the FAA requested comments on whether the enactment of 
counting military powered-lift time towards airplane PIC time would 
change these pilots' military retirement decisions. One commenter 
expressed concern that the rulemaking would exacerbate an existing 
pilot retention problem facing the military, specifically referring to 
the Air Force. The commenter pointed out that the FAA analysis did not 
consider the total costs to the Federal government, particularly to the 
Department of Defense. As the analysis did not consider the cost to 
train and retain pilots, the commenter indicated he thought the 
analysis was lacking. The commenter pointed out that no analysis was 
performed on the impact the proposed rule change would have on the 
retention of military pilots. As more pilots retire from the armed 
forces, the military must increase the number of pilots trained in 
order to overcome this deficit.
    In response to the commenter's claim that this rulemaking would 
exacerbate the existing pilot retention problem, the FAA reviewed 
recent literature and publications on military pilot shortage. The FAA 
found that pilot retention problems likely arise for the following 
reasons:
    a. Significant gap (approximately $55,000 per year) between Air 
Force pilot pay ($80,000 average salary plus a bonus of $13,000, or a 
total of approximately $93,000 per year) \61\ and civilian pilot pay 
($148,010 average salary) \62\
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    \61\ https://www.payscale.com/research/US/Job=U.S._Air_Force_Fighter_Pilot/Salary/ Last accessed on December 
17, 2021.
    \62\ https://datausa.io/profile/soc/aircraft-pilots-flight-engineers Last accessed on December 17, 2021.
---------------------------------------------------------------------------

    b. In comparison to flying commercial aircraft in the civilian 
workforce, military pilots face higher occupational and safety risks 
while performing duties around the world. In addition, military pilots 
experience high burnout rates due to assignments up to one year away 
from home and families,\63\
---------------------------------------------------------------------------

    \63\ ``Quality of life and service'' section of this article 
starts with the following paragraph: ``Job dissatisfaction, career 
dissatisfaction, frequent and long deployments, poor quality of 
life, non-competitive pay and lack of personal and professional 
development are among the reasons cited for why many experienced 
military pilots separate from military service,'' the DOT study 
states. Source: https://federalnewsnetwork.com/dod-personnel-notebook/2019/04/new-study-shows-grim-outlook-for-future-of-air-force-pilot-shortage/ Accessed on December 17, 2021.
---------------------------------------------------------------------------

    c. After fifteen years of flying in uniform, military pilots get 
fewer flying assignments and more desk or managerial duties in their 
early forties,\64\
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    \64\ https://www.defenseone.com/ideas/2016/07/us-air-force-short-700-fighter-pilots-our-plan/129907/?oref=d-skybox Accessed on 
December 17, 2021. ``. . . from dramatically reduced flying hours 
for the high-end fight as a result of Pentagon budget cuts. . .'', 
``We are . . . working to get help for fighter squadrons burdened 
with time-consuming administrative duties. . .''
---------------------------------------------------------------------------

    d. Military pilots serve, on average, about twenty years in the Air 
Force, and a large majority of them transition to become commercial 
airline pilots to earn much higher salaries for approximately another 
twenty years until the mandatory retirement age of 65 in commercial 
airlines.\65\
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    \65\ https://www.airforcetimes.com/news/your-air-force/2020/03/04/air-force-no-progress-in-closing-pilot-shortfall/ ``The Air Force 
in 2016 began increasingly to discuss the problem of pilot retention 
and its difficulty in holding on the skilled pilots in the face of a 
major hiring wave by deep-pocketed commercial airlines.'' Accessed 
on December 17, 2021.

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[[Page 57587]]

    Military pilots separate from service for these reasons that pre-
exist this rule. In particular, the large pay gap between commercial 
and military pilots, which this rulemaking does not directly affect, 
plays a major role in the military retention problem. As a result, the 
FAA has concluded that this rulemaking by itself will not increase the 
attrition rate of powered-lift pilots due to the limited relief and the 
small number of pilots with powered-lift time affected by the 
rulemaking.
    Recent reports suggest the Air Force is attempting to fill the 
projected gaps for 800 active duty pilots and 1,150 reserve pilots.\66\ 
The Air Force needs 12,842 active duty pilots, 3,843 Air National Guard 
pilots, and 3,684 reserve pilots in a steady state.\67\
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    \66\ https://federalnewsnetwork.com/dod-personnel-notebook/2019/04/new-study-shows-grim-outlook-for-future-of-air-force-pilot-shortage/ Accessed on December 17, 2021.
    \67\ Ibid. footnote 62.
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    According to one pilot training school, 1,500 hours of required 
flight time can be earned in over 2 years.\68\ The final rule allows a 
relatively small number of pilots (estimated 70 pilots against a total 
pool of over 12,800 military pilots) to get a credit of 250 hours of 
flight time towards the 1,500 hours needed for an ATP certificate. What 
this means is that military pilots switching to civilian commercial air 
carrier jobs will get the ATP certificate 4 to 6 months earlier.
---------------------------------------------------------------------------

    \68\ https://atpflightschool.com/become-a-pilot/airline-career/how-long-to-become-a-pilot.html Accessed on December 17, 2021.
---------------------------------------------------------------------------

    Given average 20 years in military service and additional 20 years 
of potential civilian employment (a total combined 40 years of 
professional career for a pilot who started in the military and ended 
in commercial air carriers), a maximum potential gain of 6 months due 
to the rule is rather a small incentive for military pilots to 
accelerate their retirement or retire in very large numbers.
    Although the FAA recognizes that this rulemaking could make 
separation for civilian flying jobs marginally more appealing, this 
will not substantively increase the attrition rate that the Air Force 
is trying to address because of broader, pre-existing reasons 
previously discussed. Further, the FAA emphasizes that the commenter's 
concern is not an adequate or appropriate justification for not giving 
credit for relevant experience a military powered-lift pilot has 
gained. That training and experience can transfer to airplane flying, 
and requiring these pilots to accrue additional airplane time to 
satisfy the airplane PIC requirement for an ATP certificate is 
unnecessary and burdensome. It could also be that crediting powered-
lift time towards airplane time does not necessarily mean a pilot will 
leave the military sooner.

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 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 
the base year of 1995).
    In conducting these analyses, the FAA has determined that this rule 
has benefits that justify its costs and is not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 
12866. The rule will not have a significant economic impact on a 
substantial number of small entities, will not create unnecessary 
obstacles to the foreign commerce of the United States, and will not 
impose an unfunded mandate on State, local, or tribal governments, or 
on the private sector by exceeding the threshold identified previously. 
This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this final rule.

A. Regulatory Evaluation

    The rulemaking will be relieving to pilots and air carriers by 
expanding opportunities for pilots that meet the amended criteria to 
use relevant flight experience toward the requirements for an ATP 
certificate and to meet PIC qualification requirements for air carrier 
operations. The FAA identifies cost savings and benefits from the rule 
for the following parts:
1. ATP Aeronautical Experience Requirements (Sec.  61.159)
    Amendment of Sec.  61.159(a)(5) to allow military pilots to credit 
experience in military powered-lift flown in horizontal flight towards 
the 250 hours of airplane time as pilot in command (PIC), or second in 
command (SIC) performing the duties of PIC while under the supervision 
of a PIC, required for the certificate. This rule will relieve those 
military pilots who are seeking an ATP certificate in the airplane 
category of the expense of accruing civilian PIC flight time in 
airplanes to meet the PIC airplane time requirement. The FAA notes that 
the multiengine airplane ATP certificate is required to serve at a part 
121 air carrier.\69\ At an estimated $175 an hour per flight hour,\70\ 
the value of 250 flight hours is a cost savings of $43,750 \71\ per 
pilot.
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    \69\ Although the part 121 air carrier requires a multiengine 
airplane ATP certificate, the PIC time in airplanes required for an 
ATP certificate is not category specific. Therefore, the FAA 
estimates the military pilot would use a single-engine airplane to 
accrue the necessary time because it is the cheaper option.
    \70\ A newer Cessna 182 rents for $175 per hour ``wet'' that 
includes maintenance, insurance, fuel, airport fees and additional 
duties or taxes. Source: https://www.aopa.org/go-fly/aircraft-and-ownership/buying-an-aircraft/reducing-the-cost-of-flying. Accessed 
December 17, 2021. This is an appropriate estimate for avoided 
training center or flight time costs because military pilots seeking 
a commercial pilot certificate will choose a lower cost alternative 
to obtain it. Part 61 rules do not specify which type of aircraft 
needs to be flown to accrue required flight time. Cessna 182 
represents a reasonable average airplane type typically chosen to 
obtain a commercial pilot certificate. https://www.aopa.org/training-and-safety/active-pilots/safety-and-technique/operations/commercial-pilot-certificate, Accessed on December 17, 2021.
    \71\ This cost savings estimate has been updated from the NPRM's 
$37,500 ($150/hour x 250 hours) as the FAA used $175/hour in 
estimating cost savings.
---------------------------------------------------------------------------

    Examples of powered-lift for which pilots could receive credit 
include \72\ the AV-8B, which is a single-engine aircraft, and the MV-
22, which is a multiengine aircraft. The FAA obtained data \73\ on the 
number of pilots with experience in these aircraft that separated from 
the U.S. Marine Corps \74\

[[Page 57588]]

each year between 2014 and 2018. An average of 70 pilots per year, with 
experience in these two aircraft, separated from the U.S. Marine Corps 
over the years 2014 to 2018. The data did not indicate the number of 
hours of experience each pilot had, nor did it indicate how many will 
seek an ATP certificate and apply their military experience. The FAA 
makes the simplifying assumption that each year all of these 70 pilots 
will apply 250 hours of military PIC experience in powered-lift while 
in horizontal flight towards an ATP certificate in the airplane 
category. The resulting cost savings over a 10-year analysis period is 
$30.6 million \75\ undiscounted or $21.5 million and $26.1 million 
discounted at 7 percent and 3 percent discount rates, respectively. The 
annualized value of estimated cost savings is $3.1 million using either 
a 7 percent or 3 percent discount rate.
---------------------------------------------------------------------------

    \72\ Flight-time in an F-35B can also be credited, but as these 
aircraft are new, there is not sufficient data on pilots separating 
from the military with experience in this aircraft. Therefore, the 
FAA did not include F-35B pilots in its estimates.
    \73\ Marine Corps Total Force System, Total Force Data 
Warehouse, U.S. Marine Corps.
    \74\ The majority of the aircraft this rule affects are flown in 
the U.S. Marine Corps. Although the U.S. Marine Corps has the 
majority of these pilots, the U.S. Air Force also has some powered-
lift pilots. As the FAA does not have data on the number of Air 
Force pilots, the cost savings may be underestimated. In addition, 
the FAA received input from comments that the U.S. Air Force flies a 
very small number of affected powered-lift aircraft.
    \75\ Using the previously estimated $43,750 cost savings per 
pilot, annual cost savings would be $3,062,500 (=$43,750 x 70 
pilots) or $30,625,000 over a 10-year period in undiscounted 
dollars.
---------------------------------------------------------------------------

    Pilots might also save additional expenses, such as the cost of 
travel and lodging, which they might otherwise incur to reach a 
location, such as a flight school, where they can obtain flight time. 
These pilots might further benefit by advancing more quickly in their 
careers and receiving higher pay sooner as well.
2. Part 121 Experience Prior to July 31, 2013 (Sec.  121.436)
    Modification of the part 121 air carrier experience required to 
serve as a PIC will allow credit for experience as PIC if a pilot held 
that position prior to July 31, 2013.\76\ Currently, such experience 
does not count towards qualifying to be a PIC without filing for an 
exemption. This recognition of previous status and qualification for 
part 121 PIC employment service will relieve the individual pilots, 
part 121 air carriers that will employ those pilots, and the Federal 
government of procedural costs for developing, filing, and reviewing 
petitions for exemption. The combined cost of an exemption to the 
pilots and the FAA is about $1,500.\77\ The FAA has granted eight such 
exemptions \78\ to individual pilots over the years 2013 to 2019. Each 
exemption costs $1,500 and has to be renewed every 5 years. Assuming 
the number of exemptions will continue at the same rate (1.14 = 8 
exemptions / 7 years), one exemption (rounding down to one per year) is 
expected to be issued every year without the rule. Given the exemption 
renewal cycle every five years during the 10-year analysis period of 
the rule, the FAA estimates a total of 21 renewals--8 in year one 
through year five and 13 in years six through ten. The FAA estimates 
the cost savings due to avoided exemptions will be $46,500 undiscounted 
\79\ or $30,795 and $38,668 discounted at seven percent and three 
percent, respectively. The annualized value of estimated cost savings 
due to avoidance of these 31 exemptions in total, including 10 new ones 
and 21 renewals over a 10-year period, is $4,384 and $4,533 at seven 
percent and three percent discount rates, respectively.
---------------------------------------------------------------------------

    \76\ Cost savings due to the part 121 experience prior to July 
31, 2013, are likely to decrease over the 10-year period of analysis 
as there would be fewer pilots who would be filing for an exemption.
    \77\ This cost assumption is based on a review of FAA exemption 
information received between 2013 and 2019.
    \78\ Exemption No. 13993 (Docket No. FAA-2014-0658); Exemption 
No. 15473 (FAA-2016-1287); Exemption No. 17177 (FAA-2016-9249); 
Exemption No. 18197 (Docket No. FAA-2019-0030), Exemption No. 17819 
(Docket No. FAA-2017-1165); Exemption No. 17902 (Docket No. 2018-
0252); Exemption No. 18288 (Docket No. 2019-0432); and Exemption No. 
18309 (Docket No. 2019-0555).
    \79\ During the 10-year period of analysis, the FAA assumed 
there will be one new exemption request each year, or 10 new 
exemption requests, and one renewal request each year after year six 
until year 10, or 5 renewals in addition to 8 exemptions that will 
come to renewal twice between 2021 and 2029 (16 renewals). Total 
number of exemption requests both new and renewals would be 31 (10 
new + 21 renewals. Therefore, the total undiscounted cost savings 
estimate would be $46,500 (31 x $1,500).
---------------------------------------------------------------------------

3. Military Time (Sec.  121.436)
    Amends Sec.  121.436(c) by expanding the 500 hours of credit a 
military pilot can take for PIC time in a multiengine, turbine-powered, 
fixed-wing airplane, accrued in a multi-crew environment that is 
currently allowed to apply towards the 1,000 hours of air carrier 
experience required to serve as a PIC in part 121, to include PIC 
experience in a powered-lift. Allowing powered-lift flight time 
obtained in the military to be credited to experience required to serve 
as a PIC could allow pilots with this experience to advance more 
quickly in their careers and conceivably benefit from higher wage rates 
6 to 9 months \80\ sooner than if they had to accumulate the experience 
while working at an air carrier as a SIC. Consequently, their lifetime 
earnings as airline pilots could increase because they could advance to 
a higher-paying job sooner. However, this more rapid advance is more 
realistic for pilots working at regional carriers because upgrade time 
at major airlines proceeds more slowly. The FAA did not quantify this 
benefit because there is not an estimate for the number of military 
powered-lift pilots that separate from the military and are 
subsequently hired by an airline. As a result, the FAA does not have an 
estimate on how many are hired by a major airline versus a regional 
airline. Finally, the time it takes to upgrade to PIC can be highly 
variable depending on the individual air carrier and, over time, the 
varying state of the industry, making a quantification of benefits 
extremely difficult.
---------------------------------------------------------------------------

    \80\ The FAA estimates that on average an airline pilot will fly 
55-85 hours per month. This equates to a range of 6-9 months to 
accrue 500 hours of flight time.
---------------------------------------------------------------------------

4. Eligible On-Demand Experience in Part 135 (Sec.  121.436)
    Amends Sec.  121.436(a)(3) to allow eligible on-demand pilots that 
meet the requirements of Sec.  135.4(a)(2)(ii)(A) to credit that PIC 
time towards the 1,000 hours of flight time required to serve as PIC in 
part 121. This will allow pilots with this experience to accelerate 
more quickly in their careers. It could also avoid the need for 
exemptions from this provision. The FAA did not quantify this savings 
because the FAA does not have an estimate of the number of pilots that 
could take advantage of this relief and the variability in the time it 
takes to upgrade to PIC from one air carrier to another makes the 
quantification of benefits difficult.
5. Summary of Total Quantified Cost Savings
    The FAA quantified these two cost savings: (1) cost savings due to 
250 hours of military PIC experience in powered-lift while in 
horizontal flight credited towards ATP experience requirements, and (2) 
cost savings due to avoided exemptions.
    The total quantified cost savings over a 10-year period will be 
$30,671,500 ($30,625,000 + $46,500) undiscounted or $21,540,513 
($21,509,718 + $30,795) and $26,162,414 ($26,123,746 + $38,668) 
discounted at seven percent and three percent discount rates, 
respectively. The annualized value of estimated total cost savings due 
to 250 hours of military PIC experience credit and avoided exemptions 
over a 10-year period is $3,066,884 ($3,062,500 + $4,384) and 
$3,067,033 ($3,062,500 + $4,533) at seven percent and three percent 
discount rate, respectively.
    Therefore, the FAA has determined that this rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866.

[[Page 57589]]

B. Regulatory Flexibility Act

    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 rule will 
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.
    The rulemaking will be relieving to pilots who take the opportunity 
to reduce the cost of earning an ATP certificate \81\ by applying 
flight time obtained in powered-lift in the military to meet the 
airplane PIC flight time requirements. It will also be relieving to 
pilots who would like to advance more quickly in their careers by 
applying flight time earned in eligible powered-lift operations in the 
military, flight time earned during certain part 135 eligible on-demand 
operations, and part 121 PIC flight time earned prior to July 31, 2013, 
to further their careers into a position as PIC in part 121 operations.
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    \81\ The FAA acknowledges that some providers of training 
schools and facilities providing flight services to pilots might 
lose revenue due to reduced demand for such services by pilots 
directly affected by this rule. However, the RFA requires an agency 
to perform a regulatory flexibility analysis of small entity impacts 
only when a rule directly regulates small entities. This final rule 
does not directly affect the aviation training schools and other 
related service providers. Therefore, the FAA did not analyze the 
indirect impacts of this rule on those small training schools and 
providers.
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    The FAA has determined this rulemaking will not impose a 
significant economic impact on a substantial number of small entities 
because it will be relieving to pilots, and pilots are not small 
entities.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this rulemaking will not result in a significant 
economic impact on a substantial number of small entities.

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 rule and determined that the rule 
will have the same impact on international and domestic flights and is 
a safety rule and thus is consistent with the Trade Agreements Act.

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 proposed or 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 $165 million in lieu of $100 
million. This 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. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

F. International Compatibility and Cooperation

    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 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from the 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 paragraphs 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 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, does 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. The agency has determined that it is not a 
``significant energy action'' under the executive order, and it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

C. Executive Order 13609, International 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

[[Page 57590]]

this action under the policies and agency responsibilities of Executive 
Order 13609, and has determined that this action would have no effect 
on international regulatory cooperation.

VI. How To Obtain Additional Information

A. Electronic Filing and Access

    A copy of the notice of proposed rulemaking (NPRM), all comments 
received, the 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 on 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 amendment number of this 
rulemaking.
    All documents the FAA considered in developing this final 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 FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document may 
contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

14 CFR Part 121

    Air carriers, 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.  61.159 by revising paragraph (a)(5) to read as follows:


Sec.  61.159   Aeronautical experience: Airplane category rating.

    (a) * * *
    (5) 250 hours of flight time in an airplane as a pilot in command, 
or as second in command performing the duties of pilot in command while 
under the supervision of a pilot in command, or any combination 
thereof, subject to the following:
    (i) The flight time requirement must include at least--
    (A) 100 hours of cross-country flight time; and
    (B) 25 hours of night flight time.
    (ii) 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 who meets the requirements of Sec.  61.73(b)(1), or a military 
pilot in the Armed Forces of a foreign contracting State to the 
Convention on International Civil Aviation who meets the requirements 
of Sec.  61.73(c)(1), may credit flight time in a powered-lift aircraft 
operated in horizontal flight toward the flight time requirement.
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
3. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 
41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 
Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-
44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 
(49 U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732 
note).


0
4. Amend Sec.  121.436 by revising paragraphs (a)(3), (c), and (d) and 
adding paragraph (e) to read as follows:


Sec.  121.436   Pilot Qualification: Certificates and experience 
requirements.

    (a) * * *
    (3) If serving as pilot in command in part 121 operations, has 
1,000 hours as:
    (i) Second in command in operations under this part;
    (ii) Pilot in command in operations under Sec.  91.1053(a)(2)(i) of 
this chapter;
    (iii) Pilot in command in operations under Sec.  135.243(a)(1) of 
this chapter;
    (iv) Pilot in command in eligible on-demand operations that require 
the pilot to satisfy Sec.  135.4(a)(2)(ii)(A) of this chapter; or
    (v) Any combination thereof.
* * * * *
    (c) For the purpose of satisfying the flight hour requirement in 
paragraph (a)(3) of this section, a pilot may credit 500 hours of 
military flight time provided the flight time was obtained--
    (1) As pilot in command in a multiengine, turbine-powered, fixed-
wing airplane or powered-lift aircraft, or any combination thereof; and
    (2) In an operation requiring more than one pilot.
    (d) For the purpose of satisfying the flight hour requirement in 
paragraph (a)(3) of this section, a pilot may credit flight time 
obtained as pilot in command in operations under this part prior to 
July 31, 2013.
    (e) For those pilots who were employed as pilot in command in part 
121 operations on July 31, 2013, compliance with the requirements of 
paragraph (a)(3) of this section is not required.

    Issued under authority provided by 49 U.S.C. 106(f), 
44701(a)(5), and 44703 in Washington, DC.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-20328 Filed 9-20-22; 8:45 am]
BILLING CODE 4910-13-P