81 FR 1 - Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 1 (January 4, 2016)

The FAA is correcting a final rule published on July 15, 2013. In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment that if a certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, a pilot serving as a second in command in part 135 for that certificate holder is required to have an airline transport pilot certificate and an aircraft type rating. This document corrects those errors and makes several additional miscellaneous corrections to part 61 and a cross-reference error in part 121.

[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 1-2]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32998]



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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules 
and Regulations

[[Page 1]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 121, and 135

[Docket No. FAA-2010-0100; Amdt. Nos. 61-130C, 121-365B, 135-127B]
RIN 2120-AJ67


Pilot Certification and Qualification Requirements for Air 
Carrier Operations; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA is correcting a final rule published on July 15, 2013. 
In that rule, the FAA amended its regulations to create new 
certification and qualification requirements for pilots in air carrier 
operations. The FAA unintentionally required without notice and comment 
that if a certificate holder conducting part 135 operations who has 
voluntarily chosen and been authorized to comply with the part 121 
training and qualification requirements, a pilot serving as a second in 
command in part 135 for that certificate holder is required to have an 
airline transport pilot certificate and an aircraft type rating. This 
document corrects those errors and makes several additional 
miscellaneous corrections to part 61 and a cross-reference error in 
part 121.

DATES: Effective: January 4, 2016.

FOR FURTHER INFORMATION CONTACT: Barbara Adams, Air Transportation 
Division, AFS-200, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On July 15, 2013, the FAA published a final rule entitled, ``Pilot 
Certification and Qualification Requirements for Air Carrier 
Operations'' (78 FR 42324). In that final rule, which became effective 
July 15, 2013, the FAA revised the pilot certificate requirements for a 
second in command (SIC) in part 121 operations. Section 121.436(b) 
requires the SIC to hold an ATP certificate and an aircraft type rating 
for the airplane flown.
    The FAA intended these certification requirements to apply only to 
pilots serving in part 121 operations. Existing Sec.  135.3(c) states, 
however, that if authorized by the Administrator upon application, each 
certificate holder that conducts operations under part 135 to which 
Sec.  135.3(b) does not apply,\1\ may comply with the applicable 
sections of subparts N and O of part 121 instead of the requirements of 
subparts E, G, and H of part 135.\2\
---------------------------------------------------------------------------

    \1\ Section 135.3(b) states that each certificate holder that 
conducts commuter operations under part 135 with airplanes in which 
two pilots are required by the aircraft type certificate must comply 
with subparts N and O of part 121 instead of the requirements of 
subparts E, G, and H of part 135.
    \2\ The regulation contains a provision that allows the 
certificate holder to comply with the operating experience 
requirements of Sec.  135.244 instead of the requirements of Sec.  
121.434.
---------------------------------------------------------------------------

    Each certificate holder conducting part 135 operations who has 
voluntarily chosen and been authorized to comply with the part 121 
training and qualification requirements, is required to comply with 
Subparts N and O of part 121. Because the certification requirements in 
Sec.  121.436 are located in subpart O of part 121, an SIC in those 
operations is now required by reference to hold an ATP certificate and 
an aircraft type rating. The FAA did not discuss this issue in the 
preamble to the final rule nor did the FAA intend to impose this 
requirement on certificate holders conducting part 135 operations who 
have voluntarily chosen and been authorized to comply with the part 121 
training and qualification requirements.

Technical Amendment

    Because the FAA did not intend to impose additional requirements on 
SICs serving in part 135 operations in which the certificate holder has 
voluntarily chosen and been authorized to comply with the part 121 
training and qualification requirements, the FAA is revising Sec.  
135.3(c) to clarify that an SIC in those part 135 operations does not 
need to comply with Sec.  121.436(b) but may continue to hold a 
commercial pilot certificate with an instrument rating.
    The FAA is also making three minor corrections that have been 
identified since publication of the final rule. In Sec.  61.155(d), the 
FAA is making it clear that the training required by Sec.  61.156 is 
only required for those pilots seeking an ATP certificate in the 
airplane category with a multiengine class rating. In Sec.  
61.165(f)(2), the FAA is clarifying that a knowledge test applicable to 
multiengine airplanes is required only if the pilot does not have valid 
ATP airplane knowledge test results that were taken prior to August 1, 
2014. This correction is necessary to be consistent with the 
eligibility requirements in Sec.  61.153, which is referenced in Sec.  
61.165(f)(1). The FAA notes that until July 31, 2016, pilots will be 
able to use the same ATP-airplane knowledge test with passing results 
taken prior to August 1, 2014, for both the ATP airplane single-engine 
class rating and multiengine class rating practical tests. In Sec.  
61.167(a)(2), the FAA is correcting the inadvertent exclusion of 
helicopter pilots that hold an ATP certificate in the rotorcraft 
category from the privilege of instructing.
    Finally, the FAA is correcting a cross-reference error. In Sec.  
121.431, the FAA is correcting the cross-reference in paragraph (a)(1) 
to reflect Sec.  135.244 rather than Sec.  135.344.
    Because these amendments clarify existing requirements and result 
in no substantive change, the FAA finds that the notice and public 
procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason, 
the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the 
amendments effective in less than 30 days.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety.

[[Page 2]]

Correcting Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration is amending chapter I of title 14, Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
1. The authority citation for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 45102-45103, 45301-45302.


0
2. In Sec.  61.155, revise paragraph (d) to read as follows:


Sec.  61.155  Aeronautical knowledge.

* * * * *
    (d) An applicant who successfully completes the knowledge test for 
an airline transport pilot certificate prior to August 1, 2014, must 
successfully complete the practical test within 24 months from the 
month in which the knowledge test was successfully completed. An 
applicant who passes the knowledge test prior to August 1, 2014, but 
fails to successfully complete the airplane category with a multiengine 
class rating practical test within 24 months must complete the airline 
transport pilot certification training program specified in Sec.  
61.156 and retake the knowledge test prior to applying for the airplane 
category with a multiengine class rating practical test.
0
3. In Sec.  61.165, revise paragraph (f)(2) to read as follows:


Sec.  61.165  Additional aircraft category and class ratings.

* * * * *
    (f) * * *
    (2) After July 31, 2014, pass a required knowledge test on the 
aeronautical knowledge areas of Sec.  61.155(c), as applicable to 
multiengine airplanes; unless a pilot can present valid airline 
transport pilot knowledge test results from a test taken prior to 
August 1, 2014.
* * * * *

0
4. In Sec.  61.167, revise paragraph (a)(2) introductory text to read 
as follows:


Sec.  61.167  Airline transport pilot privileges and limitations.

    (a) * * *
    (2) A person who holds an airline transport pilot certificate and 
has met the aeronautical experience requirements of Sec.  61.159 or 
Sec.  61.161, and the age requirements of Sec.  61.153(a)(1) of this 
part may instruct--
* * * * *

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


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

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

0
8. In Sec.  121.431, revise paragraph (a)(1) to read as follows:


Sec.  121.431  Applicability.

    (a) * * *
    (1) Prescribes crewmember qualifications for all certificate 
holders except where otherwise specified. The qualification 
requirements of this subpart also apply to each certificate holder that 
conducts commuter operations under part 135 of this chapter with 
airplanes for which two pilots are required by the aircraft type 
certification rules of this chapter. The Administrator may authorize 
any other certificate holder that conducts operations under part 135 of 
this chapter to comply with the training and qualification requirements 
of this subpart instead of subparts E, G, and H of part 135 of this 
chapter, except that these certificate holders may choose to comply 
with the operating experience requirements of Sec.  135.244 of this 
chapter, instead of the requirements of Sec.  121.434. Notwithstanding 
the requirements of this subpart, a pilot serving under part 135 of 
this chapter as second in command may meet the requirements of Sec.  
135.245 instead of the requirements of Sec.  121.436; and
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
9. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).


0
10. In Sec.  135.3, revise paragraph (c) to read as follows:


Sec.  135.3  Rules applicable to operations subject to this part.

* * * * *
    (c) If authorized by the Administrator upon application, each 
certificate holder that conducts operations under this part to which 
paragraph (b) of this section does not apply, may comply with the 
applicable sections of subparts N and O of part 121 instead of the 
requirements of subparts E, G, and H of this part, except that those 
authorized certificate holders may choose to comply with the operating 
experience requirements of Sec.  135.244, instead of the requirements 
of Sec.  121.434 of this chapter. Notwithstanding the requirements of 
this paragraph, a pilot serving under this part as second in command 
may meet the requirements of Sec.  135.245 instead of the requirements 
of Sec.  121.436.

    Issued in Washington, DC under the authority provided by 49 
U.S.C. 106(f), 44701(a) and Secs. 216-217, Public Law 111-216, 124 
Stat. 2348 on December 23, 2015.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2015-32998 Filed 12-31-15; 8:45 am]
 BILLING CODE 4910-13-P