This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

1 

Vol. 81, No. 1 

Monday, January 4, 2016 

1Section 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. 

2The regulation contains a provision that allows 

the certificate holder to comply with the operating 

experience requirements of § 135.244 instead of the 

requirements of § 121.434. 

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. 

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 crossreference 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 

barbara.adams@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. 

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(c) states, however, that if 

authorized by the Administrator upon 

application, each certificate holder that 

conducts operations under part 135 to 

which § 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

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 § 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 § 135.3(c) to clarify that an SIC 

in those part 135 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 making three minor 

corrections that have been identified 

since publication of the final rule. In 

§ 61.155(d), the FAA is making it clear 

that the training required by § 61.156 is 

only required for those pilots seeking an 

ATP certificate in the airplane category 

with a multiengine class rating. In 

§ 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 

§ 61.153, which is referenced in 

§ 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 § 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 crossreference error. In § 121.431, the FAA is 

correcting the cross-reference in 

paragraph (a)(1) to reflect § 135.244 

rather than § 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. 


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

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 

■ 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. 

■ 2. In § 61.155, revise paragraph (d) to 

read as follows: 

§ 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 § 61.156 and retake 

the knowledge test prior to applying for 

the airplane category with a multiengine 

class rating practical test. 

■ 3. In § 61.165, revise paragraph (f)(2) 

to read as follows: 

§ 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 § 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. 

* * * * * 

■ 4. In § 61.167, revise paragraph (a)(2) 

introductory text to read as follows: 

§ 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 § 61.159 or § 61.161, 

and the age requirements of 

§ 61.153(a)(1) of this part may instruct— 

* * * * * 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 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). 

■ 8. In § 121.431, revise paragraph (a)(1) 

to read as follows: 

§ 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 § 135.244 of this 

chapter, instead of the requirements of 

§ 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 § 135.245 instead of the 

requirements of § 121.436; and 

* * * * * 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 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). 

■ 10. In § 135.3, revise paragraph (c) to 

read as follows: 

§ 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 

§ 135.244, instead of the requirements of 

§ 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 § 135.245 

instead of the requirements of § 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 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1109 and 1500 

[Docket No. CPSC–2011–0081] 

Amendment To Clarify When 

Component Part Testing Can Be Used 

and Which Textile Products Have Been 

Determined Not To Exceed the 

Allowable Lead Content Limits; Delay 

of Effective Date and Reopening of 

Comment Period 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Direct final rule; delay of 

effective date and reopening of 

comment period. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’ or ‘‘CPSC’’) 

published a direct final rule (‘‘DFR’’) 

and notice of proposed rulemaking 

(‘‘NPR’’) in the same issue of the 

Federal Register on October 14, 2015, 

clarifying when component part testing 

can be used and clarifying which textile 

products have been determined not to 

exceed the allowable lead content 

limits. Because the comment period 

deadline for the DFR was stated 

incorrectly on regulations.gov, the 

Commission is reopening the comment 

period to accept comments submitted by 

January 13, 2016, and is delaying the 

effective date of the DFR to February 12, 

2016. 

DATES: The effective date of the direct 

final rule published on October 14, 

2015, at 80 FR 61729, which was 

delayed from December 14, 2015, until 

January 13, 2016 by a document 

published on November 19, 2015 at 80 


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