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[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77572-77574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30603]

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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.

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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, Sec.  
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 Sec. Sec.  135.243(a)(1), as PIC in operations conducted under 
Sec.  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 Sec.  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 Sec.  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 Sec.  135.3(b) to 
clarify that an SIC in part 135 commuter 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 amending 
Sec.  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

[[Page 77573]]

identified since publication of the final rule. The FAA is amending 
Sec.  61.35 to clarify the age requirements for applicants who take the 
knowledge test for an ATP certificate with an airplane category 
multiengine class rating prior to August 1, 2014. The final rule 
established that applicants who take the knowledge test for an ATP 
certificate with an airplane category multiengine rating on or after 
August 1, 2014, must be at least 18 years old. 14 C.F.R. Sec.  
61.35(a)(3)(iii)(B). This age was established by subtracting 60 months, 
which will be the validity period for the ATP multiengine knowledge 
test, from the minimum age of 23 for an unrestricted ATP certificate. 
Although discussed in guidance materials, Sec.  61.35 is silent with 
regard to the age requirement for applicants who take the existing ATP 
knowledge test before August 1, 2014. This amendment clarifies that an 
applicant for an ATP knowledge test taken prior to August 1, 2014, 
which has a validity period of 24 months, must be at least 21 years of 
age.
    The FAA is also revising Sec.  61.39(a)(1)(ii) to clarify that the 
60-month expiration period for the knowledge test for an ATP 
certificate with a multiengine class rating applies to knowledge tests 
taken after July 31, 2014. As noted in the preamble to the final rule, 
the FAA is revising the ATP knowledge test to incorporate the new 
aeronautical knowledge areas in the airline transport pilot 
certification training program (ATP CTP). 78 FR 42324, 42342. Although 
applicants for the knowledge test may complete the ATP CTP prior to 
August 1, 2014, the revised knowledge test upon which the 60-month 
expiration date is based will not be available until August 1, 2014. As 
such, the FAA has added the relevant date to Sec.  61.39(a)(1)(ii) for 
clarity. All knowledge tests for the ATP certificate taken prior to 
August 1, 2014, will continue to have a 24-month expiration date.
    The FAA is making two clarifying amendments to Sec.  61.159. 
Section 61.159(a)(3) is revised to clarify that the 25 hours of 
aeronautical experience in a full flight simulator must be appropriate 
to the class of aircraft (e.g. multiengine-land) for the rating sought. 
Section 61.159(a)(6) is revised to clarify that applicants for the 
restricted privileges ATP certificate may credit 100 hours of time 
accomplished in flight simulation training devices (full flight 
simulators and flight training devices) toward the total aeronautical 
experience requirements in Sec.  61.160. As currently written, Sec.  
61.159(a)(6) could be construed as allowing only applicants for an ATP 
certificate under the aeronautical experience requirements in Sec.  
61.159 to credit time in a flight simulation training device. It was 
not the FAA's intention to prevent applicants for the restricted 
privileges ATP certificate from utilizing that provision.
    The FAA is clarifying in Sec.  61.165(f)(2) that applicants seeking 
to add a multiengine class rating to an ATP certificate with a single 
engine class rating are only required to take a new knowledge test 
after July 31, 2014--the date that the new knowledge test that 
incorporates the aeronautical knowledge areas specific to the ATP CTP 
will be available.
    Finally, the FAA is correcting two cross-reference errors. In Sec.  
61.167, the FAA is correcting the reference in paragraph (a)(2)(ii) to 
reflect paragraph (a)(2)(i) rather than (b)(1). The FAA is also 
revising Sec.  135.341(a) by replacing the reference to paragraph (c) 
with the proper reference to Sec.  135.336.
    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.

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, 45102-45103, 45301-45302.

0
2. Amend Sec.  61.35 by revising paragraph (a)(3) to read as follows:

Sec.  61.35  Knowledge test: Prerequisites and passing grades.

    (a) * * *
    (3) Proper identification at the time of application that contains 
the applicant's--
    (i) Photograph;
    (ii) Signature;
    (iii) Date of birth, which shows:
    (A) For issuance of certificates other than the ATP certificate 
with an airplane category multiengine class rating, the applicant meets 
or will meet the age requirements of this part for the certificate 
sought before the expiration date of the airman knowledge test report;
    (B) Prior to August 1, 2014, for issuance of an ATP certificate 
with an airplane category multiengine class rating under the 
aeronautical experience requirements of Sec. Sec.  61.159 or 61.160, 
the applicant is at least 21 years of age at the time of the knowledge 
test; and
    (C) After July 31, 2014, for issuance of an ATP certificate with an 
airplane category multiengine class rating obtained under the 
aeronautical experience requirements of Sec. Sec.  61.159 or 61.160, 
the applicant is at least 18 years of age at the time of the knowledge 
test;
    (iv) If the permanent mailing address is a post office box number, 
then the applicant must provide a current residential address.
* * * * *

0
3. Amend Sec.  61.39 by revising paragraph (a)(1)(ii) to read as 
follows:

Sec.  61.39  Prerequisites for practical tests.

    (a) * * *
    (1) * * *
    (ii) Within the 60-calendar month period preceding the month the 
applicant completes the practical test for those applicants who 
complete the airline transport pilot certification training program in 
Sec.  61.156 and pass the knowledge test for an airline transport pilot 
certificate with a multiengine class rating after July 31, 2014;
* * * * *

0
4. Amend Sec.  61.159 by revising paragraphs (a)(3) and (a)(6) to read 
as follows:

Sec.  61.159  Aeronautical experience: Airplane category rating.

    (a) * * *
    (3) 50 hours of flight time in the class of airplane for the rating 
sought. A maximum of 25 hours of training in a full flight simulator 
representing the class of airplane for the rating sought may be 
credited toward the flight time requirement of this paragraph if the 
training was accomplished as part of an approved training course in 
parts 121, 135, 141, or 142 of this chapter. A flight training device 
or aviation training

[[Page 77574]]

device may not be used to satisfy this requirement.
* * * * *
    (6) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section or Sec.  61.160 may be 
obtained in a full flight simulator or flight training device provided 
the device represents an airplane and the aeronautical experience was 
accomplished as part of an approved training course in parts 121, 135, 
141, or 142 of this chapter.
* * * * *

0
5. Amend Sec.  61.165 by revising 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;
* * * * *

Sec.  61.167  [Amended]

0
6. Amend Sec.  61.167 by removing the phrase ``paragraph (b)(1)'' from 
paragraph (a)(2)(ii) and adding the phrase ``paragraph (a)(2)(i)'' in 
its place.

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, 46105.2.

0
8. Amend Sec.  121.436 by revising paragraph (a)(3) to read as follows:

Sec.  121.436  Pilot qualification: Certificates and experience 
requirements.

    (a) * * *
    (3) If serving as pilot in command in part 121 operations, has 
1,000 hours as second in command in operations under this part, pilot 
in command in operations under Sec.  91.1053(a)(2)(i) of this chapter, 
pilot in command in operations under Sec.  135.243(a)(1) of this 
chapter, or any combination thereof. For those pilots who are employed 
as pilot in command in part 121 operations on July 31, 2013, compliance 
with the requirements of this paragraph (a)(3) is not required.
* * * * *

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, 45101-45105.

0
10. Amend Sec.  135.3 by revising paragraph (b) to read as follows:

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

* * * * *
    (b) Each certificate holder that conducts commuter operations under 
this part with airplanes in which two pilots are required by the type 
certification rules of this chapter shall comply with subparts N and O 
of part 121 of this chapter instead of the requirements of subparts E, 
G, and H of this part. Notwithstanding the requirements of this 
paragraph, a pilot serving under this part as second in command in a 
commuter operation with airplanes in which two pilots are required by 
the type certification rules of this chapter may meet the requirements 
of Sec.  135.245 instead of the requirements of Sec.  121.436.
* * * * *

Sec.  135.341  [Amended]

0
11. Amend Sec.  135.341 by removing the phrase ``paragraph (c) of this 
section'' from paragraph (a) and adding the phrase ``Sec.  135.336'' in 
its place.

    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 18, 2013
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-30603 Filed 12-23-13; 8:45 am]
BILLING CODE 4910-13-P
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