83 FR 12474 - Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft Amendment; Technical Amendment

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

The FAA publishes this action to correct a minor, editorial error in a December 16, 2016 final rule on related aircraft proficiency checks. The FAA published a final rule to allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. The rule eliminated an inconsistency that permitted carriers that have obtained FAA approval to modify the FSTD requirements for related aircraft differences training, but not for corresponding proficiency checks. As a result, the rule allowed air carriers to seek a deviation from the FSTD requirements for such proficiency checks based on a related aircraft designation and determination of an equivalent level of safety. This technical amendment removes a redundancy in the regulatory text that now exists as a result of the final rule.

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12474-12475]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05859]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No.: FAA-2016-9526; Amdt. No. 121-377B]
RIN 2120-AK95


Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers; Related Aircraft Amendment; Technical Amendment

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

ACTION: Final rule; technical amendment.

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SUMMARY: The FAA publishes this action to correct a minor, editorial 
error in a December 16, 2016 final rule on related aircraft proficiency 
checks. The FAA published a final rule to allow air carriers to seek a 
deviation from the flight simulation training device (FSTD) 
requirements for related aircraft proficiency checks. The rule 
eliminated an inconsistency that permitted carriers that have obtained 
FAA approval to modify the FSTD requirements for related aircraft 
differences training, but not for corresponding proficiency checks. As 
a result, the rule allowed air carriers to seek a deviation from the 
FSTD requirements for such proficiency checks based on a related 
aircraft designation and determination of an equivalent level of 
safety. This technical amendment removes a redundancy in the regulatory 
text that now exists as a result of the final rule.

DATES: Effective March 22, 2018.

FOR FURTHER INFORMATION CONTACT: Sheri Pippin, Air Transportation 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone: 202-267-
8166; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Good Cause for Immediate Adoption

    Section 553(d)(3) of the Administrative Procedure Act (APA) 
requires publication of a substantive rule must be made not less than 
30 days before the effective date except as provided by the agency for 
good cause found and published with the rule. Public notice and comment 
for this action are unnecessary because today's action only eliminates 
an unnecessary redundancy in 14 CFR 121.441(f), which the FAA amended 
on December 16, 2016, 81 FR 90979.
    Good cause exists under section 553(d)(3) of the APA for this 
technical correction to become effective on the date of this action. 
Section 553(d)(3) allows an effective date less than 30 days after 
publication ``as otherwise provided by the agency for good cause found 
and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of the 
30-day waiting period the APA prescribes is to give affected parties a 
reasonable time to adjust their actions and prepare for the 
effectiveness of the final rule.
    Today's amendment, however, does not create any new regulatory 
requirements such that affected parties would need time to prepare 
before the rule takes effect. This document only removes an unnecessary 
redundancy in 14 CFR 121.441(f)(2)(iii) because the text of paragraph 
(f)(2)(iii) is largely duplicative of the text of paragraph 
(f)(2)(ii)(B). For these reasons, the FAA finds good cause under APA 
section 553(d)(3) exists for this amendment to become effective on 
March 22, 2018.

II. Background

    On December 16, 2016, the FAA published the Qualification, Service, 
and Use of Crewmembers and Aircraft Dispatchers; Related Aircraft 
Amendment. 81 FR 90979. Corrected at 81 FR 95860, December 29, 2016. 
This final rule allows air carriers to seek a deviation from the FSTD 
requirements for related aircraft proficiency checks. As the FAA noted 
in the final rule, the FAA's Qualification, Service, and Use of 
Crewmembers and Aircraft Dispatchers final rule issued in 2013 included 
opportunities for air carriers to modify training program requirements 
for flightcrew members when the carrier operates multiple aircraft 
types with similar design and flight handling characteristics.
    The final rule provided for the possibility of a deviation to allow 
credit for flightcrew member qualification requirements, including 
proficiency checks, when the carrier operates multiple aircraft types 
with similar design and flight handling characteristics. Paragraph (f) 
permits the Administrator to approve such a deviation based on a 
designation of related aircraft after the Administrator determines the 
certificate holder can demonstrate an equivalent level of safety. 
Specifically, paragraph (f) allows for deviation from the frequency of 
proficiency checks and from certain procedures and maneuvers required 
in appendix F to part 121 (Proficiency Check Requirements). Paragraph 
(f) did not, however, provide for the possibility of a deviation from 
the FSTD requirements specified in appendix F to

[[Page 12475]]

part 121. Therefore, prior to the December 16, 2016 final rule, Sec.  
121.441(f) did not allow a deviation even in cases in which the Flight 
Standardization Board (FSB) determines that the use of a lower level 
FSTD for a specific maneuver or procedure may be acceptable on a 
related aircraft proficiency check. This oversight resulted in 
inconsistency, as such a determination by the FSB would be based on 
similarities in design and flight characteristics between the base 
aircraft and the related aircraft. As a result, the FAA recognized a 
need to permit deviation from the FSTD requirements in appendix F to 
part 121. The December 16, 2016 final rule amended Sec.  121.441 by 
amending paragraph (f), accordingly.
    This technical amendment removes paragraph (f)(2)(iii) from Sec.  
121.441 because the FAA's recent changes to Sec.  121.441 render the 
paragraph unnecessary. Paragraph (f)(2)(ii)(B) of Sec.  121.441 
requires the inclusion of maneuvers and procedures, as well as the 
level of FSTD to be used for each maneuver and procedure, in 
applications for deviation from the proficiency check requirements of 
Sec.  121.441. Paragraph (f)(2)(iii) also states carriers must include 
maneuvers and procedures in related aircraft proficiency checks. As a 
result, although paragraph (f)(2)(iii) does not require a listing of 
the level of FSTD the carrier plans to use for each maneuver and 
procedure, the two paragraphs are unnecessarily redundant. Overall, the 
amended regulatory text will continue to ensure carriers that request a 
deviation based on a designation of related aircraft must include, for 
purposes of qualification proficiency checks, the necessary maneuvers 
and procedures as well as the level of FSTD to be used for each 
maneuver and procedure.

III. Technical Amendment

    Consistent with the foregoing, the FAA removes paragraph 
(f)(2)(iii) to eliminate the redundancy in paragraphs (f)(2)(iii) and 
(f)(2)(ii)(B).

List of Subjects in 14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 121 as follows:

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

0
1. 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).


Sec.  121.441  [Amended]

0
2. Amend Sec.  121.441 by removing paragraph (f)(2)(iii).

    Issued under authority provided by 49 U.S.C. 106(f) and 44701(a) 
in Washington, DC.
Lirio Liu,
Executive Director, Office of Rulemaking.
[FR Doc. 2018-05859 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-13-P