67258 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2004–19630; Notice No. 

04–14] 

RIN 2120–AI38 

Second-in-Command Pilot Type Rating

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

establish a second-in-command (SIC) 

pilot type rating for those persons who 

complete the required SIC training. The 

purpose of this proposal is to conform 

the FAA pilot type rating requirements 

to the International Civil Aviation 

Organization (ICAO) pilot type rating 

standards and alleviate the difference 

that the FAA currently has on file with 

ICAO. The intended effect of this 

proposal is to allow U.S. flight crews to 

continue to operate in international 

airspace without the threat of being 

grounded for not holding the 

appropriate pilot type rating.

DATES: Send your comments to reach us 

by December 16, 2004.

ADDRESSES: You may send comments 

identified by Docket Number FAA–

2004—using any of the following 

methods: 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John 

Lynch, Certification Branch, AFS–840, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3844. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

All comments received will be filed in 

the docket. The FAA will develop a 

report that summarizes each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal based on the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard that 

identifies the docket number. We will 

stamp the date on the postcard and mail 

it to you. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

these rulemaking documents using the 

Internet through the Office of 

Rulemaking’s Web page at http://

www.faa.gov/avr/armhome.htm or the 

GPO’s Web page at http://

www.access.gpo.gov/su_docs/aces/

aces140/html.

You can get a printed copy by sending 

a request to: Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591; or by 

telephoning 202/267–9680. Please 

identify the docket number of this 

rulemaking in your request.

SUPPLEMENTARY INFORMATION: 

Background 

The Convention on International Civil 

Aviation (61 Stat. 1180), which was 

signed at Chicago, Illinois, on December 

7, 1944, is an international treaty about 

aviation that establishes certain 

principles and arrangements to ensure 

that international civil aviation 

develops in a safe and orderly manner 

and operates soundly and economically. 

The Member States that have signed the 

Convention, including the United 

States, agree to keep their regulations 

governing civil aviation, to the greatest 

possible extent, consistent with those 

established under the Convention 

(article 12). Concerning pilots and flight 

crew members, the signatory Member 

States agree to recognize as valid 

certificates of competency and licenses 

issued by other signatories if the 

requirements for the certificates or 

licenses are equal to or above the 

minimum standards established under 

the Convention (article 33). If a 

signatory Member State finds it 

impracticable to comply with an 

international standard or bring its 

regulations into full accord with an 

international standard, or adopts 

regulations differing from an 

international standard, it must notify 

ICAO of the difference (article 38). 

Currently, the United States has a 

difference filed with ICAO concerning 

our SIC qualification requirements vs. 

ICAO’s type ratings standards for the 

SIC pilot flight crewmember position 

(See ICAO Annex 1, paragraphs 2.1.3.2 

and 2.1.4.1.A). During recent meetings 

between FAA and ICAO officials, the 

FAA has explained that our SIC 

qualifications (14 CFR 61.55) require 

initial and annual recurrent knowledge 

and flight training for pilots who serve 

in the SIC pilot crewmember position, 

whereas the ICAO type rating standard 

does not. Although ICAO officials 

understand our difference, they stated 

that the § 61.55 SIC pilot familiarization 

training requirements do not conform to 

ICAO pilot type ratings standards for the 

SIC pilot flight crewmember position 

because the SIC pilot does not actually 

receive a pilot type rating under the 

existing § 61.55 provisions. As a result, 

foreign civil aviation authorities have 

put the FAA and U.S. flight crews on 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 67259

notice that they intend to enforce the 

ICAO type rating standards for SIC pilot 

crewmembers when U.S. flight crews 

operate in European airspace and in 

some Caribbean countries 

Discussion of NPRM 

The FAA is proposing to revise 14 

CFR § 61.5(b)(5) by adding a new 

subparagraph (iv) that provides for the 

SIC type rating. The FAA is proposing 

to revise 14 CFR § 61.55 by adding new 

paragraphs (a)(3) and (d) that would 

provide for the issuance of an aircraft 

type rating for SIC privileges when a 

person completes the SIC pilot 

familiarization training set forth in 

paragraph (b) of 14 CFR § 61.55. This 

NPRM proposes to conform our 14 CFR 

§ 61.55 SIC qualification requirements 

with the ICAO Annex 1, paragraphs 

2.1.3.2 and 2.1.4.1.A type rating 

standards and would eliminate our 

difference on file with ICAO. By issuing 

an aircraft type rating for SIC privileges 

only, the FAA would conform its pilot 

type rating requirements to the ICAO 

type rating standards and allow U.S. 

flight crews to operate internationally 

unimpeded. 

However, the FAA wants it 

understood that as long as the person 

operates within the airspace of the 

United States (as defined in 14 CFR 

91.1), a person needn’t hold this 

proposed SIC pilot type rating. Only 

when a person operates in international 

airspace or the airspace of a foreign 

country where compliance with the 

pilot type rating standards of ICAO (i.e., 

ICAO Annex 1, paragraphs 2.1.3.2 and 

2.1.4.1.A) or a foreign civil aviation 

authority’s rule is it mandatory that U.S. 

pilot flightcrews hold the appropriate 

pilot type rating. As long as a person 

operates within the airspace of the 

United States (as defined in 14 CFR 

91.1), that person only needs to comply 

the SIC qualifications and training of 14 

CFR 61.55. 

In addition, the FAA is proposing to 

revise 14 CFR 61.55 by adding new 

paragraph (e). This proposal would 

provide for the issuance of a pilot type 

rating for SIC privileges when a person 

satisfactorily completes an approved 

second-in-command training program 

under parts 121, 125, or 135 in an 

aircraft that is certificated for operations 

with a minimum crew of at least two 

pilots and the aircraft’s type certificate 

requires a pilot type rating. The FAA 

believes that the pilot community and 

aircraft operators will support this 

NPRM because it would impose only 

minor additional costs on some pilots 

and operators. 

The FAA intends to issue the SIC 

pilot type rating according to the 

following process: 

1. The SIC applicant must receive the 

familiarization training of § 61.55(b) 

from a qualified pilot in command [See

§ 61.31(a)] or an authorized flight 

instructor who holds the aircraft type 

rating on his/her pilot certificate [See

§ 61.31(a) and § 61.195(b)]. The ground 

training of § 61.55(b)(1) may be given by 

an authorized advanced ground 

instructor [See § 61.215(b)], authorized 

flight instructor, or qualified pilot in 

command. 

2. The person who provides the SIC 

familiarization training must sign the 

applicant’s logbook or training record to 

verify that the training was given. The 

verification of the training must be in 

accordance with § 61.51(h)(2), and be 

documented in the SIC applicant’s 

logbook or training record with the kind 

of ground and flight training and 

amount of training given [See

§ 61.51(h)(2)]. The person who provided 

the training must sign the SIC 

applicant’s logbook/training record after 

completion of each lesson. 

3. The SIC applicant must complete 

and sign an Airman Certificate and/or 

Rating Application, FAA Form 8710–1, 

and submit the application to an FAA 

Flight Standards District Office or to an 

Examiner. The Examiner must have the 

authority to conduct practical tests for 

pilot certification. 

4. The person(s) who provides the 

ground and flight familiarization 

training to the SIC applicant must sign 

the area of the FAA Form 8710–1 

identified as the ‘‘Instructor’s 

Recommendation.’’ This signoff is 

required in this area of the form even if 

a pilot in command who does not hold 

a flight instructor certificate provided 

the training. 

5. The SIC applicant must appear in 

person at an FAA Flight Standards 

District Office or to an Examiner with 

his/her logbook/training records and a 

completed and signed FAA Form

8710–1. 

6. The FAA Flight Standards District 

Office or Examiner reviews the SIC 

applicant’s logbook/training record to 

ensure completion of the required 

training and endorsements. The 

Aviation Safety Inspector, Aviation 

Safety Technician, or Examiner would 

review the applicant’s logbook/training 

record and inform the applicant that the 

SIC Privileges Only limitation may only 

be removed if that applicant completes 

the appropriate type rating practical test 

for pilot-in-command qualification. 

There is no practical test required for 

the issuance of the SIC Privileges Only 

type rating. 

7. The FAA Flight Standards District 

Office or Examiner completes the 

application and issues the applicant a 

temporary pilot certificate for a SIC type 

rating with the appropriate aircraft type 

rating with the limitation ‘‘SIC 

Privileges Only.’’ For example, an 

applicant who accomplishes the 

§ 61.55(b) SIC familiarization training in 

a Cessna 500 would receive a temporary 

pilot certificate that reads as follows:

Commercial Pilot Certificate, Airplane 

Single Engine Land, Airplane 

Multiengine Land, Instrument Airplane, 

CE500 SIC Privileges Only. 

8. The FAA Flight Standards District 

Office forwards the application and 

newly issued temporary pilot certificate 

to the FAA Airman Certification Branch, 

AFS–760. If the application is made 

through an Examiner, the Examiner 

forwards the application and newly 

issued temporary pilot certificate to the 

Examiner’s jurisdictional FAA Flight 

Standards District Office who sends the 

application and file to the FAA Airman 

Certification Branch, AFS–760. 

9. The FAA Airman Certification 

Branch processes the SIC applicant’s 

application and temporary pilot 

certificate and issues the applicant a 

permanent pilot certificate. 

In addition, a person who 

satisfactorily completes an approved 

second-in-command training program 

under parts 121, 125, or 135 in an 

aircraft that is certificated for operations 

with a minimum crew of at least two 

pilots and the aircraft’s type certificate 

requires a pilot type rating is entitled to 

receive that aircraft type rating for 

second-in-command privileges. The 

procedure for issuing a SIC type rating 

would be as follows: 

1. The SIC applicant must complete 

an approved second-in-command 

training program under parts 121, 125, 

or 135 in an aircraft that is certificated 

for operations with a minimum crew of 

at least two pilots and the aircraft’s type 

certificate requires a pilot type rating. 

2. The person who provides the SIC 

training must sign the applicant’s 

logbook or training record to verify the 

training was given. The verification of 

the training must be in accordance with 

§ 61.51(h)(2), and be documented in the 

SIC applicant’s logbook or training 

record with the kind of ground and 

flight training and amount of training 

given [See § 61.51(h)(2)]. The person 

who provided the training must sign the 

SIC applicant’s logbook/training record 

after completion of each lesson. 

3. The SIC applicant must complete 

and sign an Airman Certificate and/or 

Rating Application, FAA Form 8710–1, 

and submit the application to an FAA 

Flight Standards District Office or to an 

67260 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 

Examiner. The Examiner must have 

authority to conduct practical tests for 

pilot certification. A part 121 or part 135 

Check Airman cannot review and 

approve the application unless that 

person also has examiner authority to 

conduct practical tests for pilot 

certification and holds an FAA Letter of 

Authority. 

4. The person(s) who provided the 

ground and flight training to the SIC 

applicant must sign the area of the FAA 

Form 8710–1 identified as the 

‘‘Instructor’s Recommendation.’’ This 

signoff is required in this area of FAA 

Form 8710–1 even if a pilot in 

command who does not hold a flight 

instructor certificate provided the 

training. 

5. The SIC applicant must appear in 

person at an FAA Flight Standards 

District Office or to an Examiner with 

his/her logbook/training records and a 

completed and signed FAA Form

8710–1. 

6. The FAA Flight Standards District 

Office or Examiner reviews the SIC 

applicant’s logbook and/or training 

record for ensuring completion of the 

required training and endorsements. An 

Aviation Safety Inspector, Aviation 

Safety Technician, or Examiner reviews 

the applicant’s logbook/training record 

and informs the applicant that the SIC 

Privileges Only limitation may only be 

removed if that applicant completes the 

appropriate type rating practical test for 

pilot-in-command qualification. There 

is no practical test required for the 

issuance of the SIC Privileges Only type 

rating. 

7. The FAA Flight Standards District 

Office completes the application and 

issues the applicant a temporary pilot 

certificate for an SIC type rating with 

the appropriate aircraft type rating with 

the limitation ‘‘SIC Privileges Only.’’

For example, an applicant who 

accomplishes SIC training in a Boeing 

737 would receive a temporary pilot 

certificate that reads as follows: 

Commercial Pilot Certificate, Airplane 

Single Engine Land, Airplane 

Multiengine Land, Instrument Airplane, 

B–737 SIC Privileges Only. 

8. The FAA Flight Standards District 

Office forwards the application and 

newly issued temporary pilot certificate 

to the FAA Airman Certification Branch, 

AFS–760. If the application is made 

through an Examiner, the Examiner 

forwards the application and newly 

issued temporary pilot certificate to the 

Examiner’s jurisdictional FAA Flight 

Standards District Office who sends the 

application and file to the FAA Airman 

Certification Branch, AFS–760. 

9. The FAA Airman Certification 

Branch processes the SIC applicant’s 

application and temporary pilot 

certificate and issues the applicant a 

permanent pilot certificate. 

The FAA anticipates that many pilots 

have already completed their SIC 

training, whether it was § 61.55(b) SIC 

familiarization training or an approved 

SIC training program under parts 121, 

125, or 135, and would be making 

application for an SIC pilot type rating 

based on past completion of SIC pilot 

training or a part 125 proficiency check. 

The procedures for making application 

for an SIC pilot type rating would 

basically be the same as previously 

stated in this document. The only 

difference would be that applicants who 

have completed their SIC training prior 

to the FAA issuing its final rule for SIC 

pilot type ratings would be required to 

show compliance with either the initial 

or recurrent SIC training within the 

preceding 12 calendar months prior to 

the month of application for an SIC pilot 

type rating. The following examples 

illustrate how the rule would apply to 

pilots who have already completed their 

SIC training:

Example No. 1: The date is January 30, 

2005, and the final rule for issuing SIC pilot 

type ratings is now in effect. An airman 

completed initial § 61.55(b) SIC pilot 

familiarization training in a Cessna 500 on 

August 6, 1998. The airman last completed 

recurrent § 61.55(b) SIC pilot familiarization 

training in a Cessna 500 on August 6, 2000. 

This airman could not apply for a SIC pilot 

type rating for the CE500 until completing 

recurrent SIC familiarization training within 

the 12 calendar months before the month of 

application.

Example No. 2: The date is January 30, 

2005, and the final rule for issuing SIC pilot 

type ratings is now in effect. An airman 

completed initial part 121 SIC pilot training 

in a Boeing 737 on August 6, 1998. The 

airman has completed recurrent part 121 SIC 

pilot training in a Boeing 737 every 12 

calendar months, including on August 13, 

2004. This airman could apply for a SIC pilot 

type rating for the B737 because the recurrent 

training was completed within the 12 

calendar months before January 2005.

Example No. 3: The date is January 5, 

2005, and the final rule for issuing SIC pilot 

type ratings is now in effect. An airman 

completed a part 125 SIC proficiency check 

in a Gulfstream IV on August 6, 1990. The 

airman next shows completion of a part 125 

SIC proficiency check in a Gulfstream IV on 

January 23, 2004. This airman could apply 

for an SIC pilot type rating for the Gulfstream 

IV because part 125 SIC proficiency check 

was completed within the 12 calendar 

months before January 2005.

Example No. 4: The date is January 5, 

2005, and the final rule for issuing SIC pilot 

type ratings is now in effect. An airman 

completed initial § 61.55(b) SIC 

familiarization in a Lear 60 on August 6, 

1990. The airman next shows completion of 

§ 61.55(b) SIC familiarization training in a 

Lear 60 on January 23, 2004. This airman 

could apply for an SIC pilot type rating for 

the Lear 60 because the recurrent SIC 

familiarization training was completed 

within the 12 calendar months before January 

2005.

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. This 

proposal contains the following 

additional information collection 

requirement for pilots who apply for an 

SIC pilot type rating. As previously 

stated in this document, the primary 

purpose for this additional information 

collection requirement is to allow U.S. 

flight crews to continue to operate in 

international airspace without the threat 

of being grounded for not holding the 

appropriate pilot type rating. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), the Department of 

Transportation has submitted the 

information requirements associated 

with this proposal to the Office of 

Management and Budget for its review. 

Title: Second-in-Command Pilot Type 

Rating.

Summary: This proposal would 

establish an application process using 

the existing Airman Certificate and/or 

Rating Application, FAA Form 8710–1, 

for pilots who apply for an SIC pilot 

type rating for the reasons previously 

stated. This proposal would generate a 

need for the FAA’s Civil Aviation 

Registry and Flight Standards District 

Offices to support the processing of the 

FAA Form 8710–1 application and 

issuing the SIC pilot type rating. 

Respondents: The likely respondents 

to this proposal are the pilots who will 

be required to complete and submit the 

FAA Form 8710–1 application when 

applying for an SIC pilot type rating. 

However, as it was previously stated in 

this document, the FAA wants it 

understood that as long as the person 

operates within the airspace of the 

United States (as defined in 14 CFR 

91.1), a person won’t be required to hold 

this proposed SIC pilot type rating. Only 

when a person operates in international 

airspace or the airspace of a foreign 

country where compliance with the 

pilot type rating standards of ICAO (i.e.,

ICAO Annex 1, paragraphs 2.1.3.2 and 

2.1.4.1.A) or a foreign civil aviation 

authority’s rule is it mandatory that U.S. 

pilot flightcrews hold the appropriate 

pilot type rating. As long as a person 

operates within the airspace of the 

United States (as defined in 14 CFR 

91.1), that person only needs to comply 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 67261

the SIC qualifications and training of 14 

CFR 61.55. 

Frequency: Each pilot who needs to 

obtain the SIC pilot type rating will do 

so only once. 

Annual Burden Estimate: The FAA 

has no estimate of the annual 

recordkeeping and reporting burden. 

The FAA is requesting information 

from the public on the following 

questions: 

How many pilots will apply for an 

SIC pilot type rating on an annual basis? 

What are the annual burden hours to 

the public? 

What are the annual costs to pilot 

who will be applying for an SIC pilot 

type rating? 

What will be the total impact of this 

proposal? 

According to the regulations 

implementing the Paperwork Reduction 

Act of 1995, [5 CFR 1320.8(b)(2)(vi)], an 

agency may not conduct or sponsor, and 

a person is not required to respond to 

a collection of information unless it 

displays a currently valid control 

number issued by the Office of 

Management and Budget (OMB). If 

approved by OMB, the information 

collection requirement contained in this 

NPRM will be incorporated into the 

current approval of the Airman 

Certificate and/or Rating Application, 

FAA Form 8710–1. The approved OMB 

control number for the Airman 

Certificate and/or Rating Application, 

FAA Form 8710–1, is 2120–0021. 

Economic Assessment, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Proposed changes to Federal 

regulations must undergo several 

economic analyses. First, Executive 

Order 12866 directs each Federal agency 

to 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 requires agencies 

to analyze the economic impact of 

regulatory changes on small entities. 

Third, the Trade Agreements Act (19 

U.S.C. 2531–2533) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis for 

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). 

For proposals with an expected 

minimal cost impact, a formal 

assessment of costs and benefits is not 

required. The Department of 

Transportation Order 2100.5 prescribes 

policies and procedures for 

simplification, analysis, and review of 

regulations. If it is determined that the 

expected impact is so minimal that the 

proposal does not warrant a full 

evaluation, a statement is included in 

the NPRM stating that the FAA has 

determined that the expected outcome 

will have a minimal impact with 

positive net benefits. 

The FAA’s assessment of this NPRM 

indicates that its economic impact will 

be minimal because it does not propose 

to significantly change the SIC 

qualification requirements. The purpose 

of this NPRM is to conform FAA pilot 

type rating rules with our international 

obligations to ICAO, so as to remove an 

outstanding difference between our 14 

CFR 61.55 SIC qualification 

requirements with the ICAO Annex 1, 

paragraphs 2.1.3.2 abd 2.1.4.1.A type 

rating standards. 

Accordingly, the FAA has determined 

that there may be minor costs to those 

pilots who will need the SIC pilot type 

rating for international flight operations. 

These costs could include the time 

required to complete the FAA Form 

8710–1 and the time and expense of 

traveling to an examiner or FAA Flight 

Standards District Office to file the 

application. The FAA has determined 

there may be some benefits to U.S. 

operators and pilots when conducting 

flight operations in foreign airspace 

where a foreign country’s civilian 

aviation authority may enforce ICAO 

Annex 1, paragraphs 2.1.3.2 and 

2.1.4.1.A type rating standards. The 

FAA has thus determined that this 

NPRM would have minimal impact with 

positive net benefits. We specifically 

request comments from the public on 

this issue.

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. 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 proposed or final 

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 proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

This NPRM imposes minor costs on 

individuals by requiring U.S. pilots who 

fly overseas to obtain the SIC pilot type 

rating. Consequently, the FAA certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. The FAA 

solicits comments from the public 

regarding this determination. 

Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. 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 

rulemaking and has determined that it 

would reduce trade barriers by 

narrowing the difference between the 

U.S. and ICAO regulations. The FAA 

has determined there may be some 

benefits to U.S. operators and pilots 

when conducting flight operations in 

foreign airspace where a foreign 

country’s civilian aviation authority 

may enforce ICAO Annex 1, paragraphs 

2.1.3.2 and 2.1.4.1.A type rating 

standards. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (the Act) is intended, among 

other things, to curb the practice of 

imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act requires each Federal 

67262 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Proposed Rules 

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 (adjusted 

annually for inflation) 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 inflationadjusted value of $120.7 million in lieu 

of $100 million. 

This NPRM does not contain such a 

mandate. The requirements of Title II of 

the Act, therefore, do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, ‘‘Federalism,’’

dated August 4, 1999 (64 FR 43255). We 

have determined that this action would 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and therefore 

would not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 307(k) and involves no 

extraordinary circumstances. This 

NPRM proposes to allow for the 

issuance of pilot type ratings to SIC 

pilot crewmembers in order to conform 

the FAA pilot type rating requirements 

to the ICAO pilot type ratings standards. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, ‘‘Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (May 18, 2001). 

We have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy.

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety, and 

Reporting and recordkeeping 

requirements.

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend Chapter H of Title 14 

Code of Federal Regulations as follows:

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

1. The authority citation for part 61 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302.

2. Amend § 61.5 by adding new 

paragraph (b)(5)(iv) to read as follows:

§ 61.5 Certificates and ratings issued 

under this part.

* * * * *

(b) * * * 

(5) * * * 

(iv) Second-in-command type rating 

for aircraft that is certificated for 

operations with a minimum crew of at 

least two pilots.

* * * * *

3. Amend § 61.55 by revising the 

introductory language of paragraph (a), 

revising paragraph (a)(2), adding new 

paragraph (a)(3); redesignating existing 

paragraphs (d) through (h) as paragraphs 

(f) through (j) and adding new 

paragraphs (d) and (e) to read as follows:

§ 61.55 Second-in-command 

qualifications. 

(a) Except as provided in paragraph 

(e) of this section, no person may serve 

as a second-in-command of an aircraft 

type certificated for more than one 

required pilot flight crewmember or in 

operations requiring a second-incommand unless that person holds: 

(1) * * * 

(2) An instrument rating that applies 

to the aircraft being flown if the flight 

is under IFR; and 

(3) An aircraft type rating for aircraft 

that is certificated for operations with a 

minimum crew of at least two pilots.

* * * * *

(d) If a person complies with the 

second-in-command familiarization 

training requirements in paragraph (b) 

of this section in an aircraft that is 

certificated for operations with a 

minimum crew of at least two pilots and 

the aircraft’s type certificate requires a 

pilot type rating, then that person is 

entitled to receive that aircraft type 

rating for second-in-command 

privileges. 

(e) A person who has satisfactorily 

completed an approved second-incommand training program under 14 

CFR parts 121, 125, or 135 in an aircraft 

that is certificated for operations with a 

minimum crew of at least two pilots and 

the aircraft’s type certificate requires a 

pilot type rating, then that person is 

entitled to receive that aircraft type 

rating for second-in-command 

privileges.

* * * * *

Issued in Washington, DC, on November 9, 

2004. 

John M. Allen, 

Acting Director, Flight Standards Service.

[FR Doc. 04–25415 Filed 11–15–04; 8:45 am] 

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