Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 77571 

1Under 49 U.S.C. 44703(e)(1), the Administrator 

may ‘‘restrict or prohibit issuing an airman 

certificate to an alien[.]’’ 

any engine, or an engine with an affected FT 

module (M04) onto any helicopter, unless the 

module has passed the inspections required 

by paragraphs (e)(1) and (e)(2) of this AD. 

(g) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

may approve AMOCs for this AD. Use the 

procedures found in 14 CFR 39.19 to make 

your request. 

(h) Related Information 

(1) For more information about this AD, 

contact Robert Morlath, Aerospace Engineer, 

Engine Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7154; fax: 781–238–7199; 

email: robert.c.morlath@faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2013–0120, dated June 4, 

2013, for more information. You may 

examine the MCAI in the AD docket on the 

Internet at http://www.regulations.gov/

#!documentDetail;D=FAA-2013-0557-0002. 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Turbomeca S.A. Alert Mandatory 

Service Bulletin No. A292 72 0838, Version 

A, dated May 24, 2013. 

(ii) Reserved. 

(3) For Turbomeca service information 

identified in this AD, contact Turbomeca, 

S.A., 40220 Tarnos, France; phone: 33 (0)5 59 

74 40 00; telex: 570 042; fax: 33 (0)5 59 74 

45 15. 

(4) You may view this service information 

at FAA, Engine & Propeller Directorate, 12 

New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(5) You may view this service information 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

November 14, 2013. 

Colleen M. D’Alessandro, 

Assistant Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2013–30459 Filed 12–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2007–27043; Amdt. No. 

61–132] 

RIN 2120–AI77 

Fees for Certification Services and 

Approvals Performed Outside the 

United States; Technical Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is correcting a direct 

final rule published on April 12, 2007 

(72 FR 18556). In that rule, the FAA 

amended its regulations to revise the fee 

requirement for issuance of airman 

certificates. This document amends one 

paragraph that unintentionally 

expanded the FAA’s ability to refuse 

issuance of airman certificates to U.S. 

citizens and resident aliens, removes 

two paragraphs that were inadvertently 

left in one subsection, and renumbers 

the paragraphs and revises crossreferences accordingly. 

DATES: Effective December 24, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact the General Aviation and 

Commercial Division, AFS–800, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 385–9600. For legal 

questions concerning this final rule 

contact Anne Moore, Office of the Chief 

Counsel—International Law, 

Legislation, and Regulations Division, 

AGC–240, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3123; facsimile 

(202) 267–7971, email anne.moore@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2007, the FAA published a direct 

final rule revising the fee requirement of 

14 CFR 61.13 for the issuance of an 

airman certificate by extending the fee 

requirement to all applicants outside the 

United States regardless of citizenship. 

72 FR 18556, 18558 (Apr. 12, 2007). The 

FAA is now issuing a technical 

amendment to § 61.13 because the 

revision to the fee requirement 

inadvertently expanded the 

Administrator’s authority to refuse to 

issue a U.S. airman certificate, rating, or 

authorization to U.S. citizens and 

resident aliens. Formerly, that provision 

had been limited to applicants who 

were non-resident aliens. 

The FAA is also removing paragraphs 

(A) and (B) from paragraph (a)(2)(i) 

because those paragraphs were 

inadvertently left in § 61.13 due to 

erroneous amendatory instructions in 

the April 12, 2007 direct final rule. 72 

FR 18558. Finally, the FAA is 

renumbering the paragraphs of § 61.13 

and updating cross-references to reflect 

these revisions. 

Technical Amendment 

Section 61.13 establishes the 

requirements for the issuance of airman 

certificates, ratings, and authorizations. 

Prior to issuance of the 2007 direct final 

rule, § 61.13(a)(2) stated that an 

applicant for a certificate, rating, or 

authorization ‘‘who is neither a citizen 

of the United States nor a resident alien 

of the United States’’ must (i) show 

evidence of fees paid for airman 

certification services outside the United 

States, and (ii) may be refused issuance 

of any U.S. airman certificate, rating or 

authorization by the Administrator.1 In 

the 2007 direct final rule, the FAA 

amended the § 61.13(a)(2) introductory 

text by removing the language which 

specifically applied the section to nonU.S. citizens and non-resident aliens. 

The FAA explained in the preamble that 

the intention of the rule change was to 

ensure that fees for airman certification 

services outside the United States were 

paid even by U.S. citizens. In changing 

the introductory text to § 61.13(a)(2), 

however, the FAA inadvertently 

extended the Administrator’s authority 

to refuse an airman certificate to all 

applicants regardless of citizenship. The 

FAA is issuing this technical 

amendment to correct this error. As 

amended, the Administrator’s ability to 

refuse an airman certificate will apply 

only to non-U.S. citizens and nonresident aliens while retaining 

application of the fee requirement in 

§ 61.13(a)(2) to all applicants applying 

outside the United States regardless of 

citizenship. 

The FAA is also correcting a minor 

error to paragraphs (A) and (B) of 

§ 61.13(a)(2)(i). In the 2007 direct final 

rule, the FAA stated in the amendatory 

instructions to § 61.13 that it was 

revising the introductory text of 

paragraph (a)(2) and (a)(2)(i), but did not 

explicitly state it was removing 

paragraphs (A) and (B) of that 

paragraph. As a result, paragraphs (A) 

and (B) of (a)(2)(i) were inadvertently 


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77572 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 

retained. This technical edit will correct 

that error. In addition, the FAA is 

renumbering § 61.13(a)(2)(ii) as 

§ 61.13(a)(3), and § 61.13(a)(3) as 

§ 61.13(a)(4), and revising a crossreference in the newly created 

§ 61.13(a)(4) to reflect these changes in 

numbering. 

Because the amendment corrects an 

error and imposes no new burden, the 

FAA finds that the notice and public 

procedures under 5 U.S.C. 553(b) are 

unnecessary. Because the changes in 

this technical amendment result in no 

substantive change, the FAA finds good 

cause exists under 5 U.S.C. 553(d)(3) to 

make the amendment effective in less 

than 30 days. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

44701–44703, 44707, 44709–44711, 45102– 

45103, 45301–45302. 

■ 2. Amend § 61.13 by revising 

paragraph (a) to read as follows: 

§ 61.13 Issuance of airman certificates, 

ratings, and authorizations. 

(a) Application. (1) An applicant for 

an airman certificate, rating, or 

authorization under this part must make 

that application on a form and in a 

manner acceptable to the Administrator. 

(2) An applicant must show evidence 

that the appropriate fee prescribed in 

appendix A to part 187 of this chapter 

has been paid when that person applies 

for airmen certification services 

administered outside the United States. 

(3) An applicant who is neither a 

citizen of the United States nor a 

resident alien of the United States may 

be refused issuance of any U.S. airman 

certificate, rating or authorization by the 

Administrator. 

(4) Except as provided in paragraph 

(a)(3) of this section, an applicant who 

satisfactorily accomplishes the training 

and certification requirements for the 

certificate, rating, or authorization 

sought is entitled to receive that airman 

certificate, rating, or authorization. 

* * * * * 

Issued in Washington, DC, under the 

authority provided by 49 U.S.C. 106(f), 

44701(a), 44703(e) on December 18, 2013. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2013–30604 Filed 12–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 121, and 135 

[Docket No. FAA–2010–0100; Amdt. Nos. 

61–130B, 121–365A, 135–127A] 

RIN 2120–AJ67 

Pilot Certification and Qualification 

Requirements for Air Carrier 

Operations; Technical Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is correcting a final 

rule published on July 15, 2013 (78 FR 

42324). 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 a 

pilot serving as a second in command in 

part 135 commuter operations to have 

an airline transport pilot certificate and 

an aircraft type rating, and a pilot in 

command in part 135 commuter 

operations to have 1,000 hours of air 

carrier experience. This document 

corrects those errors and makes several 

additional miscellaneous corrections. 

DATES: Effective Date: December 24, 

2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

correction contact Barbara Adams, Air 

Transportation Division, AFS–200, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8166; facsimile (202) 267–5299, 

email barbara.adams@faa.gov. 

For legal questions concerning this 

correction contact Anne Moore, Office 

of the Chief Counsel—International 

Law, Legislation, and Regulations 

Division, AGC–240, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3123; facsimile 

(202) 267–7971, email anne.moore@

faa.gov. 

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. 

Specifically, § 121.436(a) requires a 

pilot in command to have an airline 

transport pilot (ATP) certificate, an 

aircraft type rating for the aircraft flown, 

and 1,000 hours of air carrier experience 

obtained as SIC in part 121 operations, 

as pilot in command (PIC) in operations 

conducted under §§ 135.243(a)(1), as 

PIC in operations conducted under 

§ 91.1053(a)(2)(i), or any combination 

thereof. 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 

§ 135.3 states, however, that each 

certificate holder that conducts 

commuter operations under part 135 

with airplanes in which two pilots are 

required by the aircraft type certificate 

shall comply with subparts N and O of 

part 121 instead of the requirements of 

subparts E, G, and H of part 135. 

Because the certification requirements 

in § 121.436 are located in subpart O of 

part 121, a PIC serving in part 135 

commuter operations in airplanes that 

require two pilots by type certificate 

would be required by reference to 

comply with the new 1,000-hour air 

carrier experience requirement. 

Likewise, an SIC in those operations 

would now be 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 part 135 commuter 

operations. 

Technical Amendment 

Because the FAA did not intend to 

impose additional requirements on PICs 

and SICs serving in part 135 commuter 

operations that require two pilots by 

type certificate, the FAA is revising 

§ 135.3(b) to clarify that an SIC in part 

135 commuter operations does not need 

to comply with § 121.436(b) but may 

continue to hold a commercial pilot 

certificate with an instrument rating. 

The FAA is also amending § 121.436(a) 

to make clear that the 1,000 hour air 

carrier experience requirement applies 

only to PICs in part 121 operations. 

The FAA is also making a number of 

minor corrections that have been 


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