```

[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Proposed Rules]
[Pages 12374-12406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4627]

[[Page 12373]]

Vol. 77

Wednesday,

No. 40

February 29, 2012

Part II

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 61, 121, 135, et al.

Pilot Certification and Qualification Requirements for Air Carrier 
Operations; Proposed Rule

Federal Register / Vol. 77 , No. 40 / Wednesday, February 29, 2012 / 
Proposed Rules

[[Page 12374]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 121, 135, 141, and 142

[Docket No. FAA-2010-0100; Notice No. 12-01]
RIN 2120-AJ67

Pilot Certification and Qualification Requirements for Air 
Carrier Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action would create new certification requirements for 
pilots in air carrier operations. The proposal would require a second 
in command (first officer) in part 121 operations to hold an airline 
transport pilot (ATP) certificate and a type rating for the aircraft to 
be flown. The FAA proposes to allow pilots with an aviation degree or 
military pilot experience to obtain an ATP certificate with restricted 
privileges with fewer than 1,500 hours total time as a pilot. The 
proposal also would require at least 1,000 flight hours in air carrier 
operations in order to serve as a pilot in command in part 121 air 
carrier operations. Finally, the FAA is proposing to modify an ATP 
certificate with an airplane category multiengine class rating or type 
rating to require 50 hours of multiengine flight experience and 
completion of a new FAA-approved ATP Certification Training Program for 
a Multiengine Class Rating or Type Rating that would include academic 
training and training in a flight simulation training device. These 
proposed requirements would ensure that pilots have proper 
qualifications and experience in difficult operational conditions and 
in a multicrew environment prior to serving as pilot flightcrew members 
in air carrier operations.

DATES: Send your comments on or before April 30, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0100 using any of the following methods:
     Federal Rulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, 
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.

    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://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket Web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time and follow the online 
instructions for accessing the docket, or, the Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this proposed rule contact Barbara Adams, Aircraft Certification 
Service, AIR-230, Federal Aviation Administration, 950 L'Enfant Plaza 
SW., Suite 500, Washington, DC 20024; telephone (202) 385-4286; 
facsimile (202) 385-6475; email barbara.adams@faa.gov. For legal 
questions concerning this proposed rule contact Anne Moore, Office of 
the Chief Counsel--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: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 447. Under that section, the 
FAA is charged with prescribing regulations for the issuance of airman 
certificates. In addition, the Airline Safety and Federal Aviation 
Administration Extension Act of 2010 (Pub. L. 111-216) specifically 
directed the FAA to conduct a rulemaking proceeding to amend 14 CFR 
part 61 to modify the requirements for issuance of an ATP certificate. 
This regulation is within the scope of that authority.

List of Abbreviations and Acronyms Frequently Used in This Document

ANPRM--Advance Notice of Proposed Rulemaking
ARC--Aviation Rulemaking Committee
ATP--Airline Transport Pilot
FOQ ARC--First Officer Qualifications Aviation Rulemaking Committee
FSTD--Flight Simulation Training Device
NPRM--Notice of Proposed Rulemaking
PIC--Pilot in Command (Captain)
SIC--Second in Command (First Officer)

Table of Contents

I. Overview
II. Background
    A. Statement of the Problem
    B. Current Requirements
    C. History of the Proposed Rule
    1. Advance Notice of Proposed Rulemaking (ANPRM)
    2. First Officer Qualifications Aviation Rulemaking Committee 
(FOQ ARC)
    3. National Transportation Safety Board (NTSB) Recommendations
    4. Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216)
    D. Related Rulemakings
III. General Discussion of the Proposal
    A. ATP Certificate for All Pilots Operating Under Part 121
    B. Aeronautical Experience Requirement in the Class of Airplane 
for the ATP Certificate Sought
    C. Aircraft Type Rating for All Pilots Operating Under Part 121
    D. ATP Certification Training Program for an Airplane Category 
Multiengine Class Rating or Type Rating
    E. ATP Certificate With Restricted Privileges Based on Academic 
or Military Training
    F. Minimum of 1,000 Hours in Air Carrier Operations To Serve as 
PIC in Part 121 Operations
IV. Regulatory Notices and Analyses

[[Page 12375]]

I. Overview

    As discussed in greater detail throughout this document, this 
rulemaking proposes to modify the requirements for pilots operating in 
part 121 air carrier operations. Additionally, it would amend the 
requirements for all pilots seeking to obtain an airline transport 
pilot (ATP) certificate with an airplane category multiengine class 
rating and/or type rating. The new requirements would ensure that all 
pilots entering an air carrier environment have a background of 
training and aeronautical experience that would allow them to adapt to 
a complex, multicrew environment in a variety of operating conditions.
    The proposed requirements would most affect any individual seeking 
an ATP certificate with an airplane category multiengine class rating. 
The proposed requirements would also affect any person wanting to serve 
as pilot in command (PIC) in part 121 air carrier operations as well as 
an individual wishing to serve as PIC in part 91 subpart K operations 
or part 135 operations as defined by Sec.  91.1053(a)(2)(i) or Sec.  
135.243(a)(1). In addition, persons wanting to serve as second in 
command (SIC) in part 121 air carrier operations would be affected by 
the proposed rules. Any certificate holders approved under part 121, 
135, 141, or 142 would be affected by the proposed rule if they choose 
to offer the proposed ATP Certification Training Program.
    A general summary of current versus proposed pilot certification 
requirements is included in the following table.

------------------------------------------------------------------------
                                     Current
           Scenario                regulations      Proposed regulations
------------------------------------------------------------------------
Receive an ATP certificate      Be at least 23     Meet all of the
 with airplane category and      years old, hold    requirements in the
 multiengine class rating.       a commercial       current regulations,
                                 pilot              successfully
                                 certificate with   complete a new ATP
                                 instrument         Certification
                                 rating, pass a     Training Program
                                 knowledge test     before taking the
                                 and practical      ATP knowledge test,
                                 test, and have     and have a minimum
                                 at least 1,500     of 50 hours in class
                                 hours total time   of airplane.
                                 as a pilot.
Receive an ATP certificate      None.............  Be at least 21 years
 with restricted privileges                         old, hold a
 (multiengine class rating                          commercial pilot
 only).                                             certificate with
                                                    instrument rating,
                                                    successfully
                                                    complete a new ATP
                                                    Certification
                                                    Training Program,
                                                    pass ATP knowledge
                                                    and practical tests,
                                                    and for military
                                                    pilots, have a
                                                    minimum of 750 hours
                                                    total time as a
                                                    pilot, or for a
                                                    graduate of an
                                                    aviation degree
                                                    program, have a
                                                    minimum of 1,000
                                                    hours total time as
                                                    a pilot.
Serve as a second in command    Hold a commercial  Hold an ATP
 (first officer) in part 121     pilot              certificate with
 air carrier operations.         certificate with   appropriate aircraft
                                 appropriate        type rating
                                 category and      OR
                                 class ratings     Hold an ATP
                                 and an             certificate with
                                 instrument         restricted
                                 rating.            privileges and an
                                                    appropriate aircraft
                                                    type rating.
Serve as pilot in command       Hold an ATP        Meet all of the
 (captain) in part 121 air       certificate with   requirements in the
 carrier operations.             appropriate        current regulations
                                 aircraft type      and have a minimum
                                 rating and have    of 1,000 flight
                                 at least 1,500     hours in air carrier
                                 hours of total     operations (as an
                                 time as a pilot.   SIC in part 121
                                                    operations, a PIC in
                                                    operations under
                                                    either Sec.
                                                    135.243(a)(1) or
                                                    Sec.
                                                    91.1053(a)(2)(i), or
                                                    any combination
                                                    thereof).
------------------------------------------------------------------------

    The FAA began considering changes to the certification requirements 
for SICs in part 121 operations in early 2010, when it published an 
advance notice of proposed rulemaking (ANPRM) entitled ``New Pilot 
Certification Requirements for Air Carrier Operations.'' (75 FR 6164, 
February 8, 2010). The ANPRM sought input on current part 121 pilot 
eligibility, training, and qualification requirements for SICs. The FAA 
received nearly 1,300 comments to the ANPRM, including comments from 
airlines, associations, universities, and individual pilots. Most 
agreed that the FAA should strengthen part 121 SIC certification 
requirements, although they recommended various methods for 
improvement.
    In order to help develop potential changes to part 121 SIC 
certification requirements, the FAA chartered an aviation rulemaking 
committee (ARC) in July 2010. The ARC, comprised of a cross section of 
the aviation industry, recommended new minimum certification levels and 
aeronautical experience requirements for SICs, as well as additional 
flight and ground training requirements. Additionally, the ARC 
developed a method for crediting various types of academic training and 
flight experience towards the minimum required flight hours for SICs. 
Before the ARC could submit its final recommendations, President Obama 
signed the Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216) (the ``Act''), which included several 
specific provisions related to modifying the ATP certification 
requirements to prepare pilots to operate more safely in air carrier 
operations. The FAA asked the ARC to consider the provisions of 
sections 216 and 217 of the Act in developing its final 
recommendations.
    The current proposals in this NPRM are consistent with the 
statutory mandates set forth in the Act.

------------------------------------------------------------------------
    Public Law 111-216 Sections 216 & 217                 NPRM
------------------------------------------------------------------------
1. All part 121 flightcrew members must hold   An SIC in part 121 must
 an ATP by August 2, 2013. (216).               have one of the
                                                following:
                                                   ATP
                                                   certificate.
                                                   Restricted
                                                   Privileges ATP
                                                   certificate.
2. To be qualified to receive an ATP, an       Restricted Privileges ATP
 individual shall have sufficient flight        certificate.
 hours, as determined by the Administrator,
 to enable a pilot to function effectively in
 an air carrier operational environment; and
 have received flight training, academic
 training, or operational experience * * * to
 function effectively in an air carrier
 operational environment. (217).
Minimum number of flight hours shall be at
 least 1,500 flight hours. (217)
A pilot need not fully comply with the flight
 hours requirement above provided specific
 academic training courses, beyond those
 listed below, as determined by the
 Administrator. (217)

[[Page 12376]]

 
3. All part 121 flightcrew members must have   50 hours of aeronautical
 an appropriate amount of multi-engine flight   experience in class of
 experience, as determined by the               airplane required for an
 Administrator. (216).                          ATP.
                                               Aircraft type rating for
                                                part 121 SICs.
                                               1,000-hour minimum air
                                                carrier experience so
                                                serve as a PIC in part
                                                121 operations.
4. To be qualified to receive an ATP an        ATP Certification
 individual shall have received flight          Training Course.
 training, academic training, or operational
 experience that will prepare a pilot to:.
    a. function in a multipilot environment;
    b. function in adverse weather conditions
     (icing);
    c. function during high altitude
     operations;
    d. to adhere to the highest professional
     standards; and
    e. function in an air carrier operational
     environment. (217)
The total flight hours should include
 sufficient flight hours in difficult
 operational conditions. (217)
5. To be qualified to receive an ATP, an       1,000-hour minimum air
 individual shall have sufficient flight        carrier experience to
 hours, as determined by the Administrator,     serve as a PIC in part
 to enable a pilot to function effectively in   121 operations.
 an air carrier operational environment.
 (217).
6. Prospective flightcrew members must         Revised ATP requirements
 undergo comprehensive pre-employment           (ATP certification
 screening, including an assessment of the      training course, higher
 skills, aptitudes, airmanship, and             total time, and
 suitability * * * for operating in an air      multiengine time).
 carrier operational environment. (216).       Aircraft type rating for
                                                the aircraft to be flown
                                                in part 121 operations
                                                (SIC).
                                               1,000-hour minimum air
                                                carrier experience so
                                                serve as a PIC in part
                                                121 operations.
------------------------------------------------------------------------

    The FAA also considered the responses to the ANPRM, the ARC 
recommendations, and National Transportation Safety Board (NTSB) safety 
recommendations when developing the NPRM, insofar as the 
recommendations and comments did not conflict with the Act's 
requirements. Throughout this document, the FAA invites commenters to 
address specific questions, along with any other matters they consider 
relevant. The FAA is particularly interested in receiving 
recommendations that would provide the same or better level of 
experience and training for pilots in air carrier operations at lower 
cost. Any recommendations should take into account the requirements of 
sections 216 and 217 of the Act. The FAA may incorporate any such 
recommendations in a final rule in this proceeding.
    The FAA estimates that the cost will be minimal for the requirement 
of 50 hours of multiengine time for the ATP certificate with an 
airplane category multiengine class rating or type rating. The FAA also 
estimates as minimal the costs of the requirement that a pilot have 
1,000 hours of air carrier operating experience prior to serving as a 
part 121 PIC.
    As discussed in more detail below, on a pre-statute basis, the 
proposed rule has costs that far exceed its benefits. However, about 75 
percent of these costs (about $55 million annualized) are the result of 
the underlying statutory requirement that all pilots operating under 
part 121 have an ATP by August 1, 2013. Although the FAA currently 
requires 1,500 hours for an ATP certificate, the requirement for all 
part 121 flightcrew members to hold an ATP certificate will take effect 
whether or not a regulation is issued. If the FAA were not to use its 
authority to allow credit for academic credit, these projected costs 
would rise to more than $87 million annualized. Therefore, the costs 
associated with this provision are attributable to the statute, not 
this proposed regulation. The rule has been proposed largely to reflect 
the requirements of the statute. Accordingly, the table below shows the 
expected costs of the remaining two primary cost drivers of the 
proposed rule along with the expected benefits.

----------------------------------------------------------------------------------------------------------------
                                                             Total cost  ($                       Annualized PV
                                                                  mil)        PV cost  ($ mil)    cost  ($ mil)
----------------------------------------------------------------------------------------------------------------
Part 121 ATP Certificate Requirement......................          $1,575.2            $582.0             $54.9
Type Rating (Part 121 Operators Only).....................  ................               3.4               0.3
ATP Certification Training Program........................             443.3             196.9              18.6
                                                           -----------------------------------------------------
    Total Social Cost (Pre-statutory baseline)............           2,018.5             782.4              73.9
                                                           -----------------------------------------------------
Costs Attributable to Proposed Rule (Post-statutory                    443.3             200.4              18.9
 baseline)................................................
----------------------------------------------------------------------------------------------------------------

 
                                                             Total benefits    PV benefits  ($    Annualized PV
                                                                 ($ mil)            mil)            benefits
----------------------------------------------------------------------------------------------------------------
Total Social Benefit......................................            $896.0            $384.1             $36.3
----------------------------------------------------------------------------------------------------------------
Notes:
1. Although a social cost, the cost of the ATP certificate requirement is not a cost attributable to the
  proposed rule, as the requirement is specifically mandated by the Airline Safety Act of 2010.
2. Although incremental total costs of the type rating are zero, incremental present value costs are positive.
  See discussion in the Regulatory Notices & Analyses section.
3. The same flight test qualifies a pilot for both the ATP certificate and the type rating. The incremental
  present value cost of the type rating requirement ($3.4 million) occurs because more current pilots have ATP
  certificates than type ratings.

[[Page 12377]]

 
4. Owing to a requirement of a preliminary version of this paper, the incremental cost of the type rating
  requirement includes the cost of the ATP written exam. As this is an extremely small cost, it is not
  reallocated here to the cost of the ATP certification requirement.
5. Annualized PV Cost/Benefit is the annual cash flow of the 20-year annuity that yields the same present value
  as the cost/benefit item.
6. Column sums may be off one or more units from totals owing to rounding.

II. Background

A. Statement of the Problem

    The 2009 Colgan Air accident outside of Buffalo, New York, focused 
public and Congressional attention on multiple aspects of current air 
carrier requirements, including the level of training and experience of 
pilots in part 121 air carrier operations. The accident raised 
questions regarding whether SICs should be held to the same training 
and flight hour requirements as PICs, and whether a pilot's overall 
academic training and the quality of the flight training were as 
important as the total number of flight hours. The accident also raised 
questions regarding pilot professionalism and whether pilots received 
sufficient experience in a multicrew environment.
    In an effort to address these questions, the FAA evaluated recent 
accidents in parts 121 and 135 to determine whether current 
certification requirements are sufficient to produce pilots who can 
enter an air carrier environment and train and perform their duties 
effectively. The accident reports revealed deficiencies in several 
areas involving training in aircraft manual handling skills, stall and 
upset recognition and recovery, high altitude operations, pilot 
monitoring skills, effective CRM, stabilized approaches, and operations 
in icing conditions. The six proposals in this NPRM are the result of 
analysis of the accident reports, recommendations of the First Officer 
Qualification Aviation Rulemaking Committee (FOQ ARC), and the 
requirements set forth in Public Law 111-216. The proposals are 
directed at improving the knowledge and skills of pilots before they 
serve as a required crewmember in air carrier operations.

B. Current Requirements

    Currently, a pilot serving as PIC in part 121 operations must hold 
an ATP certificate and a type rating for the aircraft flown. Prior to 
applying for an ATP practical test, a pilot must hold a commercial 
pilot certificate with an instrument rating, have 1,500 hours total 
time as a pilot, be 23 years of age, and pass the ATP knowledge test. 
After a pilot has obtained a commercial pilot certificate, there are no 
additional ground or flight training requirements prior to applying for 
an ATP certificate with an airplane category multiengine class rating. 
In addition, a pilot applying for an ATP certificate with an airplane 
category multiengine class rating is not required to obtain any 
additional experience in a multiengine airplane beyond the minimal 
hours required for a commercial pilot certificate with a multiengine 
class rating. A pilot who holds an ATP certificate may serve as PIC in 
part 121 operations with no prior experience in a part 121 air carrier 
environment.
    Current regulations for part 121 air carrier operations require the 
SIC to hold at least a commercial pilot certificate with appropriate 
category and class ratings and an instrument rating. To be eligible for 
a commercial pilot certificate with an airplane category rating, an 
applicant must be at least 18 years of age and have 250 hours of flight 
time (less if the certificate is obtained under a part 141 pilot school 
or a part 142 training center). An applicant for a commercial pilot 
certificate with an airplane category multiengine class rating could 
obtain the certificate with minimal hours of flight time in a 
multiengine airplane. An SIC in part 121 air carrier operations is not 
currently required to have an aircraft type rating for the aircraft 
flown in revenue service; however, an SIC may be required to have a 
pilot type rating under Sec.  61.55 for flag operations.

C. History of the Proposed Rule

1. Advance Notice of Proposed Rulemaking (ANPRM)
    On February 8, 2010, the FAA published an advance notice of 
proposed rulemaking (ANPRM) seeking public input on whether current 
eligibility, training, and qualification requirements for commercial 
pilots were adequate (75 FR 6164). In the ANPRM, the Agency asked 
whether all part 121 pilots should hold an ATP certificate and whether 
they should have 1,500 flight hours even without holding an ATP 
certificate. Additionally, the Agency asked if academic training could 
substitute for required flight hours, and, if so, what types of 
training and how much credit should a pilot receive for the training. 
Finally, the Agency asked if there should be specific ground or flight 
training required of part 121 pilots. The comment period for the ANPRM 
closed on April 9, 2010. The FAA received comments from nearly 1,300 
commenters, including flight schools, flight school associations, pilot 
associations, major and regional carriers, and individuals.
    Before the FAA could issue a notice of proposed rulemaking (NPRM) 
based on the comments from the ANPRM, Public Law 111-216 was enacted on 
August 1, 2010. The Act sets forth a number of mandates which preclude 
several of the options underlying the questions posed in the ANPRM. 
While the FAA has considered and appreciates all of the comments 
received in response to the ANPRM, the following discussion of the 
comments focuses on those areas for which the FAA continues to have 
discretion. All of the comments are publicly available in the docket.
a. Effect of Aviation Degrees on Pilot Knowledge Base and Credit for 
Academic Study
    The FAA asked whether pilots who graduate from accredited aviation 
universities have a stronger knowledge base than pilots without an 
aviation degree. The FAA also asked whether academic study should be 
credited for a portion of the required number of flight hours and 
whether only certain types of academic studies should be credited.
    With respect to the question of whether academic study leads to a 
stronger knowledge base, 781 commenters agreed, including Aviation 
Accreditation Board International (AABI), Air Line Pilots Association 
(ALPA), Boeing, International Air Transport Association (IATA), Pilot 
Career Initiative (PCI), Society of Aviation and Flight Educators 
(SAFE), Cape Air Nantucket Airlines, and the University Aviation 
Association (UAA). Most supporters credited the structured learning 
environment of accredited aviation universities as the major factor in 
providing a strong knowledge base. Additionally, commenters cited a 
2010 Pilot Source Study \1\ as evidence that graduates from accredited 
aviation universities perform better in training. Atlantic Southeast 
Airlines (ASA), General Aviation Manufacturers Association (GAMA), 
Regional Airline Association (RAA), and Southern Illinois University 
Carbondale (SIU) stated graduates of aviation universities took courses 
pertinent to air carrier operations, which better prepared the 
graduates for working in an air carrier environment. However, a few 
commenters noted that, while aviation university graduates do have a 
stronger

[[Page 12378]]

background, that formal education does not guarantee they will perform 
better than other flightcrew members.
---------------------------------------------------------------------------

    \1\ A copy of this study is in the docket for this NPRM.
---------------------------------------------------------------------------

    Forty-one commenters did not agree that aviation degrees lead to a 
stronger knowledge base. Over half of these commenters, including 
Ameristar Air Cargo and the Coalition of Airline Pilots Associations 
(CAPA), believed academics cannot substitute for actual flight 
experience. Other commenters, including Air Transport Association of 
America (ATA) and CAPA, stated that quality training was also available 
outside of aviation universities, including the military.
    With respect to the question of crediting academic study toward 
flight time, 761 commenters, including Boeing, PCI, and the University 
of Alaska Anchorage Aviation Technology Division, supported the idea. 
Approximately 700 of these commenters, including AABI, ALPA, 
Continental Airlines, and the Professional Aviation Board of 
Certification (PABC), believed in crediting only academics from 
accredited universities. SAFE and UAA supported crediting any academics 
related to air carrier operations, regardless of where they were 
obtained. Two commenters proposed allowing credit for courses from 14 
CFR part 141 pilot schools and part 142 training centers. The 
University of Alaska Anchorage Aviation Technology Division, RAA, 
National Business Aviation Association (NBAA), ATA, and PCI, agreed 
with crediting academics but suggested the requirements and standards 
for doing so need to be determined by an ARC or expert panel.
    There were 114 commenters opposed to crediting any academic study 
in lieu of flight time. Most of these commenters, including American 
Association for Justice, Ameristar Air Cargo, CAPA, IATA, and the 
National Transportation Safety Board (NTSB), stated academics cannot 
substitute for actual experience.
    The FAA believes structured academic study can provide a solid 
foundation that is focused and can prepare a pilot for a career at an 
air carrier. Additionally, section 217 of the Act allows the FAA to 
credit specific academic training courses towards the total number of 
required flight hours for an ATP certificate.
b. Minimum Number of Flight Hours With Academic Credit
    The FAA asked if pilots who receive credit for academic study 
should still have a minimum number of flight hours before serving as 
SIC in part 121 air carrier operations. The FAA offered 750 hours as a 
possible minimum and sought comment on whether that number was too 
high, too low, or adequate.
    Over 760 commenters favored a minimum hour requirement, although 
they varied in response to the proposed 750-hour minimum. Approximately 
700 of these commenters, including UAA, the University of Alaska 
Anchorage Aviation Technology Division, and JetBlue Airways, believed 
750 hours was too high. Many of those in favor of a lower number of 
flight hours sited the Pilot Source Study, which claimed pilots with as 
few as 500 hours performed safely and professionally in part 121 air 
carrier operations. ALPA, ATA, Calspan Corporation, and SIU stated 750 
hours was appropriate, though they offered a variety of conditional 
reductions for certain qualifications, such as for graduates of 
aviation colleges or pilots employed by airlines with ``formal AQP-
developed ab initio programs.'' Twenty-one commenters, including 
Ameristar Air Cargo and CAPA, felt 750 hours was too low, indicating 
that more flight experience leads to better, safer pilots.
    Twenty-four commenters were not in favor of any minimum hour 
requirement. Half of those commenters, including AABI, ASA, Continental 
Airlines Express, Continental Airlines, and GAMA, stated any minimum 
requirement would be arbitrary and would not guarantee a higher level 
of safety. Other commenters stated the FAA should focus on improving 
overall pilot training rather than hour requirements.
    The University of Alaska Anchorage Technical Division, SAFE, and 
PABC recommended that an ARC or an expert panel should determine if 
minimum hour requirements were necessary and, if so, what that minimum 
should be.
    The FAA believes actual flight experience is valuable in preparing 
a pilot to fly in an air carrier environment. The FAA also believes 
structured academic study can provide a solid foundation that is 
focused and can prepare a pilot for a career at an air carrier as well. 
Additionally, section 217 of Public Law 111-216 allows the FAA to 
credit specific academic training courses to count towards the number 
of required flight hours for an ATP certificate.
c. Improving Existing Monitoring, Evaluation, Information Collection 
Requirements, and Enforcement Associated With Pilot Performance
    The FAA sought input on whether existing regulations could be 
amended to improve pilot performance and increase safety. Approximately 
60 commenters responded to this question, offering a variety of ways to 
strengthen existing programs.
    Many of the commenters cited the need for greater disclosure of 
pilot records to facilitate screening of prospective pilots. AABI, 
Calspan Corporation, Cape Air Nantucket Airlines, PABC, Pilot Career 
Initiative/Delta Connection Academy, and SAFE suggested an applicant's 
examination, accident, and incident record be divulged to the examiner 
or air carrier when he or she is seeking a new certificate, rating, or 
employment. Others, including Ameristar Air Cargo and the Liberty 
University School of Aeronautics, called for greater ability to track 
pilot performance, so carriers could offer additional training to 
underperforming pilots and pair them with more skilled pilots in a 
mentoring situation. The Liberty University School of Aeronautics also 
proposed requiring more time in aircraft type for new captains. The RAA 
advocated air carrier access to the FAA database of pilot checkride 
evaluations and enforcement actions for hiring purposes. Commenters 
also recommended expanding the use of voluntary reporting systems such 
as ASAP and FOQA. Proponents of these systems included ALPA, 
Continental Airlines Express, CAPA, and Continental Airlines.
    Additionally, commenters suggested modifying existing certificate 
requirements. Several commenters stated the current minimum hours for 
both commercial and ATP certificates do not reflect today's more 
complex airspace and aircraft and that more hours are needed to ensure 
a pilot has the necessary skills. Others recommended ``richer'' 
simulator training sessions that are a closer approximation of actual 
flying conditions. One commenter stated that, in addition to an ATP 
certificate, a type rating should be required because a type rating 
demonstrates a greater knowledge of the specific aircraft being flown. 
A few commenters suggested less reliance on simulators and more time in 
an aircraft to teach pilots how to respond better to emergency 
situations, such as stalls and spins.
    The Act addresses many of the areas identified in the comments, 
including access to pilot records, pilot performance monitoring, safety 
management systems, and reporting systems. These issues will be the 
focus of future FAA actions. To the extent that the comments relate to 
pilot certification requirements, the FAA will consider the comments in 
light of the

[[Page 12379]]

requirements of sections 216 and 217 of the Act.
2. First Officer Qualifications Aviation Rulemaking Committee (FOQ ARC)
    In response to the ANPRM, the FAA Administrator chartered the FOQ 
ARC on July 16, 2010. The ARC was comprised of a cross section of the 
aviation industry with participation from:
     Air Line Pilots Association, International (ALPA)
     Air Transport Association of America, Inc. (ATA)
     Aircraft Owners and Pilots Association (AOPA)
     Aviation Accreditation Board International (AABI)
     The Coalition of Airline Pilots Associations (CAPA)
     National Air Disaster Alliance/Foundation (NADA/F)
     National Business Aviation Association (NBAA)
     Pilot Career Initiative (PCI)
     Regional Airline Association (RAA)
    The FOQ ARC provided a forum for the U.S. aviation community to 
discuss flight experience and training requirements to fly as a first 
officer (second in command) in a part 121 air carrier operation. The 
ARC also evaluated the comments received in response to the ANPRM. 
Specifically, the ARC considered and addressed:
     What should be the minimum certification level required of 
a First Officer?
     What should be the minimum flight hour experience 
requirements of a First Officer?
     Can academic training substitute for hours of experience? 
If so, what subjects and how much flight experience?
     Should there be an air carrier endorsement on a commercial 
pilot certificate? If so, what kind of flight and ground training 
should be required?
     Should there be an operational experience requirement 
(e.g. high altitude, icing) before being permitted to operate as a 
First Officer?
    As a result of the enactment of Public Law 111-216, the 
Administrator also asked the FOQ ARC to define the flight hours and/or 
experience in difficult operating conditions that are necessary to 
prepare a pilot for part 121 air carrier operations. Based on academic 
references, review of available data in the subject area, and the FOQ 
ARC's experience in part 121 operations and training, the FOQ ARC 
members developed recommendations in these areas.
    Although the FAA has considered the FOQ ARC's recommendations in 
drafting this proposed rule, the Agency retains the authority and 
obligation to evaluate proposals and independently determine how best 
to amend existing regulations in accordance with the requirements of 
the Act. A copy of the FOQ ARC's final report is available for 
inspection in the docket to this proposed rule.
FOQ ARC Recommendations
Substitution of Academic Training for Flight Experience
    One of the most challenging topics the ARC was tasked to evaluate 
was what, if any, academic training courses or programs could be used 
to replace actual flight experience. The FOQ ARC developed an academic 
credit system that assessed the quality of each potential component of 
typical pilots' education and experience. The ARC's system gives credit 
for both the pilot's total flight-hour experience and specific academic 
training. The ARC reasoned that certain types of experience and 
training were more effective in preparing a pilot to transition to an 
air carrier environment. Although all members of the ARC agreed 
education was essential to producing safe and effective crewmembers, 
two FOQ ARC member organizations filed minority opinions disagreeing 
with the concept of awarding flight-hour credit for academic training.
    The FAA believes that, in certain circumstances, the combination of 
focused academic training and structured flight training can substitute 
for actual flight experience. Additionally, the FAA finds value in the 
concept of awarding credit for flight experience that is more 
applicable to part 121 operations (e.g. multiengine, multicrew aircraft 
experience); however, it does not believe the Act permits this sort of 
credit to reduce the minimum required flight hours for the ATP 
certificate.
Type Rating for the Aircraft Being Flown for Pilots in Part 121 Air 
Carrier Operations
    The ARC unanimously proposed that all SICs in part 121 air carrier 
operations have an appropriate type rating for the aircraft to be 
flown. The ARC believes that training required to obtain a type rating 
exposes the pilot to an advanced multiengine aircraft and a multicrew 
environment.
    The FAA tentatively agrees that requiring all SICs in part 121 air 
carrier operations to possess an appropriate type rating for the 
aircraft to be flown would provide all pilot crewmembers the 
qualifications necessary to operate in difficult conditions.
50 Hours of Multiengine Experience for an ATP Certificate With a 
Multiengine Class Rating
    The FOQ ARC reviewed the requirements of the Act and recommended 50 
hours of multiengine experience as a prerequisite for an applicant for 
an ATP certificate with a multiengine class rating.
    The FAA agrees additional multiengine experience would benefit all 
pilots who are required to hold an ATP certificate with a multiengine 
class rating. In addition, this recommendation would further the 
requirements of section 216 of the Act, which requires the 
Administrator to determine the appropriate amount of multiengine flight 
hours.
``Advanced jet training'' for Crewmembers Entering Part 121 Service 
With a ``SIC Only'' ATP
    The FOQ ARC unanimously proposed an ``advanced jet training'' (AJT) 
course designed to give instruction in air carrier flightcrew 
operations in a multiengine aircraft, emphasizing the transition of the 
professionally qualified pilot to a highly skilled member of an air 
carrier flightcrew. The ARC proposed course topics including crew 
resource management (CRM), flightcrew training techniques, high speed 
and high altitude programming of automatic flight control systems, 
transport aircraft flight techniques, turbojet operations in all flight 
regimes and in difficult operational conditions, and use of advanced 
avionics. The FOQ ARC recommended AJT courses be approved by the FAA to 
ensure a structured quality training experience. The members of the FOQ 
ARC recommended that the flight training for the proposed course only 
be accomplished in simulators.
    The FAA agrees that there may be value in a foundational course 
designed to prepare a pilot for the complexities of air carrier 
operations. The FAA also believes that if this training were required 
at the ATP certification level it could address the gap in knowledge 
between the aeronautical knowledge of a commercial pilot and the 
knowledge a pilot should have prior to entering an air carrier 
environment. This training course would provide the flight training in 
difficult operating conditions required by section 217 of the Act.
New ATP Practical and a New ATP Written Exam
    The FOQ ARC also identified the aeronautical knowledge and flight 
proficiencies it believes are essential to part 121 first officer 
qualifications and

[[Page 12380]]

recommended that these areas be appropriately evaluated in the 
knowledge and practical tests for an ATP certificate.
    The FAA tentatively agrees the ATP knowledge test should be revised 
to incorporate new knowledge areas specific to air carrier operations 
and difficult operational conditions. The FAA believes that including 
these new knowledge areas in the ATP knowledge test would respond to 
the requirements of section 217 of the Act.
Quality Assurance and Oversight
    The FOQ ARC believes that its recommendations to the FAA should, if 
implemented, be examined and analyzed over time to ensure their 
effectiveness. The FOQ ARC recommended that a data collection process 
be instituted for continuous feedback on all pilots attaining an ATP 
certificate at reduced hours.
    The FAA agrees data collection is an essential part to any safety 
management system and continues to evaluate methods to assess pilot 
performance beyond those already required. The FAA has convened two 
ARCs to consider pilot mentoring, leadership, and professional 
development, as well as flightcrew member education, support, and 
training standards.
Air Carrier Annual Reporting: Flight Hours, Education, Pay and Benefits
    The FOQ ARC recommends that, through August 1, 2013, all part 121 
air carriers provide an annual report to the FAA showing flight hours, 
education, and qualifications for each first officer hired during that 
past year. The ARC's stated purpose of the report would be to show that 
air carriers are making progress in complying with the provisions of 
the Act. The qualifications would be disclosed individually and de-
identified for each pilot hired. This annual filing report would also 
include a report on the air carrier's first officer annual pay and 
benefits. Two ARC member organizations dissented from the 
recommendation to require air carriers to provide information on pay 
and benefits.
    The FAA has chosen not to adopt this recommendation and is not 
required to issue regulations on this topic; however, the Agency sees 
value in ensuring part 121 air carriers are aware of the Act and its 
requirements as they pertain to pilot flightcrew members. Therefore, 
the FAA issued Information for Operators (InFO) 10024, Airline 
Transport Pilot Certificate Requirements for Pilots in Part 121 
Operations, on December 15, 2010, which outlined the applicable Act 
requirements.
3. National Transportation Safety Board (NTSB) Recommendations
    Human error has been a major factor in many of the commercial 
airlines accidents over the past 10 years. This was most recently 
evidenced in the Colgan Air accident that occurred on February 12, 
2009, when the pilot lost control of the aircraft after failing to 
follow appropriate procedures. The accident resulted in the death of 45 
passengers, 2 flight attendants, both pilots, and an individual on the 
ground. The NTSB's final accident report identified a number of safety 
issues, including flightcrew member qualifications, failure to adhere 
to the sterile cockpit rules, and improper handling of the aircraft.
    The FAA identified 31 accidents in part 121 air carrier operations 
and 30 accidents in part 135 air carrier operations from fiscal year 
2001 through fiscal year 2010 that could have been mitigated if the 
proposed enhanced ATP qualification standards and part 121 requirements 
had been in effect at the time of those accidents. The analysis 
indicated the accidents were a result of various issues, including 
improper aircraft handling, poor CRM, poor situational awareness, and 
inadequate training. These accidents resulted in 107 fatalities, 28 
serious injuries, and 44 minor injuries. A detailed description of this 
analysis, and how it was conducted, is provided in Section E of the 
initial regulatory evaluation that is available for review in the 
docket.
    The NTSB investigation reports of these accidents revealed, among 
other issues, inadequacies in the following areas: aircraft handling to 
include stall and upset recognition and recovery, high altitude 
training, active pilot monitoring skills, effective CRM, stabilized 
approaches, operations in icing conditions, and hypoxia training. These 
accidents resulted in the NTSB issuing several recommendations related 
to these areas. The changes proposed in the NPRM address, at least in 
part, the following NTSB recommendations:
     Training of flightcrews to respond to sudden, unusual or 
unexpected aircraft upsets (Recommendations A-96-120, A-04-62, A-07-3, 
and A-09-113);
     Develop and conduct stall recovery training and provide 
stick pusher familiarization training for pilots of stick-pusher 
equipped aircraft (Recommendations A-10-22 and A-10-23);
     High altitude training (Recommendations A-07-1 and A-07-
2);
     Training and guidance for rudder use in transport-category 
aircraft (Recommendation A-02-2);
     Airport situational awareness (Recommendation A-07-44);
     Stabilized approach concept (Recommendations A-01-69 and 
A-08-18);
     Landing performance calculations (Recommendations A-07-59 
and A-08-41);
     CRM training (Recommendation A-03-52);
     Pilot monitoring duties (Recommendation A-10-10);
     Requirements for flightcrew member academic training 
regarding leadership and professionalism (Recommendations A-10-15);
     Training in icing conditions (Recommendation A-07-14);
     Hypoxia awareness training (Recommendation A-00-110); and
     Training in crosswinds with gusts (Recommendations A-10-
110 and A-10-111).
    In the NPRM, the FAA has included a provision that would 
incorporate the various training areas identified in these NTSB 
recommendations. The proposed training would include both academic and 
flight simulation training device (FSTD) training for individuals who 
apply for an ATP certificate with airplane category multiengine class 
rating or type rating. The proposed training would have to be completed 
to become eligible for taking the ATP knowledge test. While these areas 
may also be addressed in an air carrier's training program, the 
training proposed in this NPRM would be an ATP certificate requirement 
aiming to bridge the knowledge and experience gap between a commercial 
pilot and a professional pilot operating in an air carrier environment.
4. Airline Safety and Federal Aviation Administration Extension Act of 
2010 (Pub. L. 111-216)
    On August 1, 2010, President Obama signed into law the Airline 
Safety and Federal Aviation Administration Extension Act of 2010 (Pub. 
L. 111-216). In addition to extending the FAA's authorization, the Act 
included provisions to improve airline safety and pilot training. 
Specifically, section 216, Flight Crewmember Screening and 
Qualifications, and section 217, Airline Transport Pilot Certification, 
pertain directly to this rulemaking.
    Section 216 requires the FAA to conduct a rulemaking proceeding to 
require:
     Part 121 air carriers to develop and implement means and 
methods for

[[Page 12381]]

ensuring flightcrew members have proper qualifications and experience;
     All flightcrew members in part 121 air carrier operations 
to hold an ATP certificate and to have obtained appropriate multiengine 
flight experience, as determined by the Administrator by August 2, 
2013; and
     Prospective flightcrew members to undergo comprehensive 
pre-employment screening of, including an assessment of the skills, 
aptitudes, airmanship, and suitability of each applicant for a position 
as a flightcrew member in terms of functioning effectively in the air 
carrier's operational environment.
    Section 216 requires the FAA to issue an NPRM by January 28, 2011, 
and a final rule by August 2, 2012. Independent of any rulemaking 
proceeding by the FAA, this section directs that all flightcrew members 
in part 121 air carrier operations must hold an ATP certificate, issued 
under part 61, by August 2, 2013.
    Section 217 of the Act requires the FAA to issue a final rule by 
August 2, 2013, modifying the requirements for an ATP certificate in 
part 61. The section establishes minimum requirements for an ATP 
certificate which include:
     Sufficient flight hours, as determined by the 
Administrator, to enable a pilot to function effectively in an air 
carrier operational environment;
     Flight training, academic training, or operational 
experience that will prepare a pilot to function effectively in a 
multipilot (multicrew) environment, in adverse weather conditions, 
during high altitude operations, in an air carrier environment, and to 
adhere to the highest professional standards; and
     Sufficient flight hours, as determined by the 
Administrator, in difficult operational conditions that may be 
encountered by an air carrier to enable a pilot to operate safely in 
such conditions.
    The section directs that the minimum total flight hours to be 
qualified for an ATP certificate shall be at least 1,500 flight hours. 
Notwithstanding the stated minimum, the section permits the 
Administrator to allow specific academic training courses to be 
credited toward the 1,500 total flight hours, provided the 
Administrator determines that specific academic training courses will 
enhance safety more than requiring the pilot to fully comply with the 
flight hours requirement.
    Section 217 also requires the Administrator to consider the 
recommendations from an expert panel established under section 209(b) 
of the Act. That section focuses on part 121 and part 135 training 
programs. A report to Congress and to the NTSB was submitted on 
September 23, 2011.

D. Related Rulemakings

    On May 20, 2011, the FAA published a supplemental notice of 
proposed rulemaking (SNPRM) proposing to amend the regulations for 
crewmember and aircraft dispatcher training programs in domestic, flag, 
and supplemental operations. (76 FR 29336) This SNPRM focuses solely on 
part 121 air carrier training program requirements. In contrast, the 
proposed changes contained within this rulemaking address ATP 
certification training requirements and qualification requirements for 
pilot crewmembers in part 121 air carrier operations. The comment 
period for the SNPRM closed on September 19, 2011.
    In addition, the Act led to the establishment of the following 
ARCs:
     Flight Crewmember Mentoring, Leadership, and Professional 
Development ARC (section 206 of the Act) to develop procedures for part 
121 air carriers to establish flight crewmember mentoring programs, 
establish flight crewmember professional development committees, 
establish or modify training programs to accommodate substantially 
different levels and types of flight experience and to incorporate 
leadership and command training for all flight crewmembers.
     Flight Crewmember Training Hours Requirement Review ARC 
(section 209 of the Act) to assess and make recommendations to the 
Administrator on the best methods and optimal time needed for 
flightcrew members training in part 121 and 135 air carrier operations 
including determining the best methods to allow specific academic 
training courses to be credited toward the total flight-hours required 
to receive an ATP certificate;
     Stick Pusher and Adverse Weather Event Training ARC 
(section 208 of the Act) to study and submit to the Administrator a 
report on methods to increase the familiarity and improve the response 
of flightcrew members on stick pusher systems, icing conditions, and 
microburst and windshear weather events.
     Air Carrier Safety and Pilot Training ARC (section 204 of 
the Act) to establish a special task force to be known as the FAA Task 
Force on Air Carrier Safety and Pilot Training responsible for 
evaluating best practices in the air carrier industry and providing 
recommendations on air carrier management responsibilities for 
flightcrew member education and support, flightcrew member professional 
standards, flightcrew member training standards and performance, and 
mentoring and information sharing between air carriers.
    Following the FAA's review of the recommendations provided by these 
ARCs, the FAA will proceed with the rulemaking obligations required by 
sections 206 and 209 of the Act. The Agency may elect to enter into 
additional rulemaking based on the reports and recommendations of the 
remaining ARCs.

III. General Discussion of the Proposal

A. ATP Certificate for All Pilots Operating Under Part 121

    Currently, no pilot may act as PIC of an aircraft in part 121 air 
carrier operations without an ATP certificate and an appropriate type 
rating for that aircraft. An SIC of a part 121 flag or supplemental 
operation that requires three or more pilots also must hold an ATP 
certificate with an appropriate type rating for that aircraft. SICs in 
all other part 121 air carrier operations are currently required to 
have only a commercial pilot certificate with the appropriate category 
and class rating for the aircraft being flown and an instrument rating.
    Section 216 of the Act mandates that, within 3 years of enactment, 
all flightcrew members serving in part 121 operations must hold an ATP 
certificate.\2\ Therefore, the FAA proposes to remove the current 
certification requirements in Sec.  121.437 and add new Sec. Sec.  
121.435 and 121.436. Section 121.435 would contain the current 
certification requirements for part 121 pilots, which would expire on 
July 31, 2013. After that date, the requirements of Sec.  121.436 would 
apply.
---------------------------------------------------------------------------

    \2\ The FAA notes that section 201 of the Act states that 
``[t]he term `flight crewmember' has the meaning given the term 
`flightcrew member' in part 1 of title 14, Code of Federal 
Regulations.'' Part 1 defines ``flightcrew member'' as ``a pilot, 
flight engineer, or flight navigator assigned to duty in an aircraft 
during flight time.'' Because flight engineers and flight navigators 
have never been required to qualify as pilots, the FAA assumes 
Congress did not intend to require ATP certificates for these 
flightcrew members.
---------------------------------------------------------------------------

    The FAA believes this proposal would have the greatest impact on 
air carriers that operate regional jet airplanes and/or turbopropeller 
airplanes. These air carriers generally hire pilots with a commercial 
pilot certificate and typically less than 1,500 hours total time as a 
pilot.
    The FAA seeks comment on the following:
    (1) Is a minimum of 1,500 hours adequate in order to receive an 
unrestricted ATP certificate? Why or why not?

[[Page 12382]]

    (2) As a result of the new ATP requirement for pilots in part 121 
operations, what will be the impact on pilot supply for part 121 
operations? For part 135 operations? For part 141 pilot schools? For 
Part 142 training centers?

B. Aeronautical Experience Requirement in the Class of Airplane for the 
ATP Certificate Sought

    Under current regulations, an applicant for an ATP certificate with 
an airplane category multiengine class rating is not required to obtain 
any additional multiengine flight experience above the multiengine 
hours required for a commercial certificate with an airplane category 
multiengine class rating. Section 216 of the Act addresses the issue of 
multiengine experience by requiring all pilot flightcrew members 
serving in part 121 air carrier operations to have appropriate 
multiengine flight experience, as determined by the Administrator.
    As a result of the multiengine requirement in the Act, the FOQ ARC 
was tasked to identify an appropriate amount of multiengine time for 
SICs serving in part 121 air carrier operations. The FOQ ARC members 
recommended a minimum of 50 hours of multiengine flight time to be an 
SIC.
    The FAA believes that multiengine flight experience is essential 
not only for pilots serving in part 121 air carrier operations but for 
all pilots who apply for an ATP certificate with an airplane category 
multiengine class rating. The FAA, therefore, proposes to amend Sec.  
61.159 to require 50 hours of flight time in the class of airplane for 
the ATP certificate sought. This requirement is also included in the 
new Sec.  61.160. The proposal permits an applicant to receive credit 
for 10 hours of this flight time in a full flight simulator (FFS) that 
represents a multiengine airplane. The FAA believes that flight 
experience in a multiengine airplane provides a valuable foundation 
that prepares a pilot for a professional piloting career, including a 
career in part 121 air carrier operations. The FAA believes that this 
proposal would have minimal impact on pilots seeking an ATP certificate 
because the hours most often would be acquired while engaged in other 
commercial aviation activities such as flight instruction or part 135 
air carrier operations.
    The FAA seeks comment on the following:
    (3) Is 50 hours in class of airplane too high, too low, or adequate 
in order to receive an ATP certificate with airplane category 
multiengine class rating? Please provide evidence for your response.

C. Aircraft Type Rating for All Pilots Operating Under Part 121

    Currently, an SIC of a part 121 flag or supplemental operation that 
requires three or more pilots must also hold an ATP certificate with a 
type rating for the aircraft being flown. SICs in all other part 121 
operations are not required to hold a type rating in the aircraft being 
flown.
    The FAA has determined that requiring an aircraft type rating for 
all SICs serving in part 121 operations would improve safety in those 
operations by exposing the pilot to an advanced multiengine aircraft 
and a multicrew environment. In addition, requiring an SIC to pass a 
practical test for the aircraft type rating would ensure the PIC and 
SIC have met the same level of qualification with regard to the 
aircraft to be flown. Because the practical test for the aircraft type 
rating would be conducted by FAA inspectors or FAA designees rather 
than check airmen, the proposed aircraft type rating would also provide 
an additional level of regulatory oversight of the pilots' skills and 
abilities.
    This NPRM proposes to include in new Sec.  121.436, the requirement 
that all SICs in part 121 operations hold an aircraft type rating by 
August 1, 2013. The FAA believes that this proposal would further the 
objectives of section 216 of the Act, which requires the Administrator 
to determine the appropriate multiengine airplane flight experience for 
pilot flightcrew members. In today's air carrier environment, the roles 
of pilot flying and pilot monitoring are shared by the PIC and the SIC. 
Requiring an SIC to train to the level of proficiency necessary to 
obtain a type rating would ensure the SIC has been evaluated to the 
same standard as the PIC with regard to handling a transport category 
multiengine airplane. The FAA believes the proposed aircraft type 
rating also addresses the requirements in section 217 of the Act by 
allowing pilots to gain some of the necessary academic and flight 
experience to operate in an air carrier environment. Specifically, the 
training and testing for a type rating requires a pilot to demonstrate 
proficiency in the handling of the airplane in difficult operating 
conditions, including adverse weather conditions and high altitude 
operations. The FOQ ARC members unanimously recommended that an SIC 
hold a type rating in the aircraft to be flown in part 121 air carrier 
operations.
    This proposed amendment would impact any part 121 air carrier that 
does not currently provide an aircraft type rating to an SIC. The FAA 
estimates that, for those air carriers that do not currently provide 
aircraft type ratings for their SICs, the impact of the proposed rule 
to an air carriers' training program would be low. Currently, all SICs 
in part 121 operations receive extensive training and a thorough 
proficiency evaluation at the end of the air carrier's initial training 
program, such as a proficiency check or line operational evaluation 
under an advanced qualification program. During the proficiency 
evaluation, SICs must demonstrate they can perform most of the 
maneuvers and tasks that would be required for an aircraft type rating. 
The FAA acknowledges that an SIC may need to receive some additional 
hours of training on those tasks and maneuvers that are required for a 
type rating but that are not currently required during the proficiency 
evaluation. The FAA believes, however, that the practical test for the 
aircraft type rating could be performed in the same simulator session 
currently used for the proficiency evaluation. The FAA acknowledges 
that, unlike a proficiency evaluation, which is typically conducted by 
a check airman, the practical test for an aircraft type rating would 
have to be administered by an FAA inspector or FAA designee.
    The FAA seeks comment on the following:
    (4) Should SICs in part 121 air carrier operations be required to 
hold an aircraft type rating? Why or why not?
    (5) Should all SICs be required to hold an aircraft type rating if 
the aircraft currently requires a type rating for the PIC, regardless 
of the rule part the aircraft is operated under (e.g. part 91, 125, or 
135)? Why or why not?

D. ATP Certification Training Program for an Airplane Category 
Multiengine Class Rating or Type Rating

    The current regulations do not define any specific academic 
training or flight training requirements that a pilot must complete 
prior to being qualified to apply for an ATP certificate with 
multiengine class rating. An applicant for an ATP certificate with an 
aircraft type rating must receive and log an unspecified amount of 
ground and flight training specific to the aircraft type or provide a 
training record indicating completion of a part 121 or part 135 
approved PIC training program for the aircraft type rating.
    In the NPRM, the FAA proposes adding Sec.  61.154, which would 
require pilots seeking an ATP certificate with an airplane category 
multiengine class rating or type rating to complete specific training 
requirements prior to taking the ATP knowledge test. The proposed

[[Page 12383]]

requirements would be completed as part of a training course that would 
include academic training and training in an FSTD. The course would 
establish broader foundational knowledge and understanding in areas 
critical to operating high performance aircraft in a high altitude and 
complex environment.
    Section 217 of the Act indicates that, in order for an applicant to 
be eligible for an ATP certificate, he or she must have received 
academic training, flight training, or experience in a number of areas, 
including: operations in a multipilot [multicrew] environment; high 
altitude operations; and adverse weather conditions. The training and 
experience should prepare the pilot to function effectively in an air 
carrier operational environment. This section of the Act also requires 
the applicant to have experience in difficult operational conditions 
that may be encountered by an air carrier to enable a pilot to operate 
safely in such an environment.
    The most effective way the FAA can ensure applicants for an ATP 
certificate have met the requirements of section 217 of the Act is to 
establish specific training requirements and then evaluate the pilot's 
understanding of those areas of instruction. Due to the specialized 
nature of the training, the FAA is proposing to require that the 
curriculum be completed through an approved training program that would 
incorporate both the training the Act envisioned and training the FOQ 
ARC identified as desirable competencies of a part 121 new hire. Due to 
the inherent risks associated with flying in difficult operational 
conditions, the FAA, consistent with the FOQ ARC recommendation, is not 
proposing that this training be accomplished in an actual aircraft. 
Additionally, due to the focus on air carrier operations, the FAA has 
proposed that the training be required only for those applicants for an 
ATP certificate with airplane category multiengine class rating or type 
rating. This training would not be applicable to single-engine airplane 
operations, rotorcraft operations, or powered-lift operations.
    The academic portion of the training course incorporates most of 
the competencies identified by the FOQ ARC including: swept wing 
aerodynamics, automation, air carrier operations, adverse weather 
conditions, transport aircraft performance, high altitude operations, 
and navigation. Training in all topics would be taught with an air 
carrier perspective and focus on the unique characteristics of large 
transport category aircraft recognizing this would likely be the 
pilots' first exposure to many of these aeronautical knowledge areas.
    The FSTD portion of the training course would consolidate the 
knowledge gained from the academic portion of the course and include 
training in difficult operational conditions, as required by the Act. 
The areas to be trained in FSTDs also include seven of the nine 
competency areas identified by the FOQ ARC. Those areas are: convective 
activity, icing conditions, low-visibility conditions, maximum 
crosswind conditions, contaminated runways, areas of clear air 
turbulence, and areas of mountain wave activity. Many of the training 
topics, such as crew coordination, checklist/briefing items, collision 
avoidance systems, and performance calculations, could be taught in 
lower level devices such as Level 4 FTDs. However, the FAA is 
specifically proposing to require low energy states/stalls, upset 
recovery techniques, and adverse weather conditions, including icing, 
thunderstorms, and crosswinds with gusts, be conducted in a Level C or 
higher FFS. The FAA believes only Level C and higher FFSs can replicate 
the sensory perceptions necessary to allow the applicant the 
opportunity to fully grasp these critical concepts.
    As a result of the FSTD requirement, the proposed ATP Certification 
Training Program could only be conducted by the following certificate 
holders: a part 141 pilot school, a part 142 training center, a part 
121 air carrier, or a part 135 air carrier. To maintain consistency of 
the ATP Certification Training Program, each program would receive 
approval by a single source, the Air Transportation Division of the 
Flight Standards Service in Washington, DC. The FAA is making available 
in the docket for this NPRM a proposed advisory circular that provides 
information and courseware guidelines that would enable authorized 
providers to develop a training program that would meet the 
requirements of the proposed Sec.  61.154.
    The FAA proposes, for the ATP Certification Training Program, 
enhanced instructor requirements for parts 121, 135, 141, and 142. The 
proposal would require that each instructor of a Sec.  61.154 training 
course must hold an ATP certificate with an airplane category 
multiengine class rating, meet the aeronautical experience requirements 
of Sec.  61.159, and have at least 2 years of experience as a pilot in 
operations under Sec.  91.1053(a)(2)(i) or Sec.  135.243(a)(1), or in 
any operation conducted under part 121. The FAA is also proposing to 
require that instructors who provide training in an FSTD have an 
appropriate aircraft type rating which the FSTD represents or have 
received training in the aircraft type from the certificate holder on 
those maneuvers they will teach. Although the training course contains 
academic subjects for which subject matter experts might be 
appropriate, the majority of the training course would focus on 
applying high level concepts to an air carrier environment. The FAA 
believes these concepts can only be properly conveyed through an 
instructor with operational experience. The FAA has consistently 
required instructors who provide training related to air carrier 
operations to have line operational experience. Therefore, the proposed 
instructor requirements for the ATP Certification Training Program 
would be consistent with current practice.
    In light of the importance of the areas covered in the proposed 
training course, the FAA would also revise the current ATP knowledge 
test specifically for applicants who are seeking an ATP certificate 
with an airplane category multiengine class rating or type rating. To 
facilitate the transition to the proposed training requirement, those 
applicants who have not successfully completed the knowledge test prior 
to August 1, 2013, would be required to complete the training course 
before applying for the knowledge test. For applicants who pass the 
knowledge test before that date, the test results would be valid until 
July 31, 2015. Pilots failing to pass the practical test prior to July 
31, 2015, would be required to complete the new training course and 
retake the knowledge test before applying to take the practical test. 
The FAA is also proposing that, for those applicants who pass the 
knowledge test after completing the ATP certification training program, 
the test results will expire 60 calendar months after the knowledge 
test was successfully completed. The FAA proposes to amend Sec. Sec.  
61.35, 61.39 and 61.155 to reflect these changes.
    The FAA emphasizes that this ATP Certification Training Program 
would be a basic certification requirement, not an air carrier training 
program requirement. Although part 121 and part 135 air carriers may 
elect to offer this training for their pilots, it would remain separate 
from the air carriers' part 121 and part 135 training requirements. 
Because the proposed ATP Certification Training Program is 
foundational, air carriers who elect to offer this training would be 
required to provide the course to their pilots prior to beginning 
initial training. A principal operations inspector may approve a 
reduction of hours in an air

[[Page 12384]]

carrier's initial training program based on material taught in the ATP 
Certification Training Program. However, because the ATP Certification 
Training Program requirements are basic certification requirements, 
they may not be reduced based on the contents of an air carrier's 
initial training program. These requirements would also respond to NTSB 
Safety Recommendations identified in section II.C.3 of this preamble.
    The FAA seeks comment on the following:
    (6) Should pilots wanting to obtain an ATP certificate with 
airplane category multiengine class rating or type rating be required 
to take an additional training course prior to taking the knowledge 
test? Why or why not?
    (7) If academic training is required in an ATP certification 
training course, what topics are appropriate? How many hours are 
appropriate for such a course?
    (8) Should an ATP certification training course include non-type 
specific FSTD training on concepts that are generally universal to 
transport category aircraft? Why or why not?
    (9) If FSTD training is required, what level of FSTD is 
appropriate? How many hours are appropriate?
    (10) Based on the proposed content of the ATP Certification 
Training Program, what changes or reductions could be made to a part 
121 air carrier training program?
    (11) The FAA assumes parts 121, 135, 141, and 142 certificate 
holders will be able to provide the ATP Certification Training Program. 
What factors would these certificate holders principally consider in 
determining whether or not to offer the course?

E. ATP Certificate With Restricted Privileges Based on Academic and 
Military Training

    Although section 217 of the Act mandates that an applicant for an 
ATP certificate must have ``at least 1,500 flight hours,'' the section 
also permits applicants to obtain an ATP certificate with fewer than 
the minimum 1,500 hours if they have completed ``specific academic 
training courses,'' as determined by the Administrator. Current 
regulations do not define the term ``flight hours''; therefore, the FAA 
assumes that the 1,500 flight hours referenced in the Act represents 
the 1,500 hours total time as a pilot currently required by Sec.  
61.159. Under current rules, there is a provision that permits a flight 
engineer to obtain an ATP certificate with fewer than 1,500 hours. 
Section 61.159 allows a pilot with a commercial pilot certificate to 
credit up to 500 hours of experience gained as a flight engineer toward 
the 1,500 hours total time as a pilot.
    Based on the discretion afforded to the Administrator in section 
217 of the Act, the FAA proposes a new section, Sec.  61.160. The new 
section would provide for two alternative hour requirements for an ATP 
certificate with airplane category multiengine class rating or type 
rating based on academic experience. The FAA emphasizes that a pilot 
who obtains an ATP certificate under the aeronautical experience 
requirements of this new section would have restricted privileges. As 
specified in proposed Sec.  61.168, a pilot holding an ATP certificate 
with fewer than 1,500 hours would not be permitted to perform the 
duties of PIC in any operation that currently requires an ATP 
certificate, namely, all part 121 operations and operations conducted 
under Sec. Sec.  91.1053 and 135.243. A pilot holding a restricted 
privileges ATP certificate would be permitted to serve as SIC in part 
121 operations that do not require three or more pilots. The FAA is 
proposing to amend Sec.  61.167 in order to preclude a pilot who holds 
an ATP certificate with restricted privileges from providing 
instruction in accordance with that section. In addition, the FAA is 
proposing to modify the eligibility requirements of Sec.  61.153 to 
establish a minimum age of 21 years for a restricted privileges ATP 
certificate.
    The FAA is proposing the following alternative hour requirements 
for a restricted privileges ATP certificate with airplane category 
multiengine class rating or type rating:
     750 hours for a military pilot; and
     1,000 hours for a graduate of a four-year baccalaureate 
aviation-degree program who also received their commercial certificate 
and instrument rating from an affiliated part 141 pilot school.
    Pilots who meet these alternative hour requirements would be 
required to pass the same ATP knowledge and practical tests as those 
pilots who obtain an ATP certificate at 1,500 hours. These pilots would 
have the following limitation placed on their certificates: 
``Restricted in accordance with 14 CFR Sec.  61.168(a)'' and ``Holder 
does not meet the pilot in command aeronautical experience requirements 
of ICAO.'' The FAA proposes in new Sec.  61.168 that the restriction 
may be removed from the ATP certificate once the pilot provides 
satisfactory evidence that the pilot has met the age requirements in 
proposed Sec.  61.153(a)(1) and the aeronautical experience 
requirements of Sec.  61.159. The proposal to allow military pilots and 
graduates of 4-year colleges and universities with aviation-related 
majors to obtain a restricted privileges ATP certificate is based on 
the specific nature of the training that those pilots receive.
    In order to be accepted into a pilot training program in one of the 
branches of the military, a person must undergo a rigorous screening 
process including an assessment of the individual's aviation aptitude. 
Depending on the branch of the military, an applicant for pilot 
training must hold an associate's degree or a bachelor's degree. Once 
accepted into a pilot training program, a person is 100 percent 
dedicated to aviation training. As an example, the United States Air 
Force Specialized Undergraduate Pilot Training (SUPT) includes 4 to 6 
weeks of academic and preflight training on aerospace physiology, 
altitude chamber tests, aircraft systems, aviation weather, mission 
planning, and navigation. After academic and preflight training, the 
Air Force student pilot undergoes 22 weeks of primary aircraft training 
before transitioning to a track of advanced aircraft training that 
continues for another 24 to 28 weeks. An Air Force student pilot is 
committed to a 12-hour duty day while at SUPT, and his or her flight 
proficiency is continuously assessed throughout training. Additionally, 
during the flight training phases, an Air Force student pilot 
participates in flight training every day, normally either in a 
simulator or an aircraft. Based on the comprehensive and demanding 
nature of this academic training, the FAA proposes to allow military 
pilots to apply for the ATP practical test after obtaining 750 hours of 
flight time and meeting the other aeronautical experience requirements 
in Sec.  61.160(a).
    Based on averages provided by the military, the FAA believes that 
the majority of military pilots who complete their service obligations 
will have acquired the 1,500 hours required for an unrestricted ATP 
certificate. Army pilots, who average approximately 800 hours when they 
complete their service obligations, and pilots who are honorably 
discharged from the military prior to completing their service 
obligation would be most likely to benefit from the reduced hours 
provision. When applying for the practical test, military pilots would 
be required to present the documents listed in Sec.  61.73(h) to 
substantiate their eligibility for a restricted privileges ATP 
certificate. These documents include an official U.S. Armed Forces 
record that shows the person graduated from a U.S. Armed Forces pilot 
training school and received a rating qualification as a

[[Page 12385]]

military pilot. The FAA has proposed to amend Sec.  61.39 to reflect 
this documentation requirement.
    With regard to graduates of 4-year colleges and universities with 
aviation-related majors who obtained their commercial pilot certificate 
and instrument rating from an affiliated part 141 pilot school, the FAA 
believes that these students also receive concentrated and focused 
aviation training. Students complete a course of academic study in an 
aviation-related major while concurrently training at the university's 
affiliated FAA-approved part 141 pilot school. Through their academic 
coursework, these students receive a solid foundation in various topics 
that may include aeronautical science and technology, aviation 
meteorology, air traffic operations, air transportation, aviation law, 
aircraft systems, and CRM. The coursework is comprehensive, structured, 
and focused on preparing the student, over the course of 4 years, for a 
professional career in the aviation industry. The flight training 
accomplished through the college or university's part 141 pilot school 
is integrated with in-depth academic ground training. The student is 
continuously evaluated with academic testing and flight evaluations 
throughout the courses that lead to pilot certificates and ratings. In 
addition, these aviation programs are specifically focused on preparing 
pilots for careers in aviation. Under the proposed rule, a graduate of 
an accredited 4-year college or university who received a bachelor's 
degree in an aviation-related field and a commercial pilot certificate 
with an instrument rating from an affiliated part 141 pilot school, 
would be allowed to apply for the ATP practical test with 1,000 hours 
total time as a pilot.
    The FAA would recognize those postsecondary educational 
institutions that satisfy the definition of ``accredited'' as that term 
is used by the Department of Education in 34 CFR 600.2. The Department 
of Education maintains a database of accredited postsecondary 
institutions and programs (http://ope.ed.gov/accreditation/). Prior to 
taking the ATP practical test, pilots would be required to present an 
official transcript which validates their eligibility for a restricted 
privileges ATP certificate. The FAA has proposed to amend Sec.  61.39 
to reflect this documentation requirement.
    The FOQ ARC recommended crediting academic training as well as 
aeronautical experience. The ARC developed a complex system that not 
only permitted flight-hour credit for a variety of academic training 
including both 2- and 4-year aviation degrees, but also allowed 
weighted credit for various flight experiences. The weighted flight 
experience concept gave a multiplier effect to hours that were deemed 
more applicable to air carrier operations and therefore more valuable 
to a prospective air carrier flightcrew member. The weighted 
experiences valued hours such as providing instruction as a certified 
flight instructor and hours accrued in a multiengine turbine powered 
airplane. The FAA has reviewed and considered the FOQ ARC's crediting 
system, and to a limited extent adopted the academic crediting 
provision. While the FAA finds value in the weighted flight experience 
concept, the FAA does not believe the Act permits giving added flight 
hour credit to certain types of flight experience to reduce the minimum 
required flight hours for the ATP certificate.
    The FAA seeks comments on the following:
    (12) Should the FAA offer an ATP certificate with restricted 
privileges for pilots with fewer than 1,500 flight hours based on 
academic training and/or experience? Why or why not? If so, how many 
hours would be appropriate? Should anyone other than military pilots or 
graduates of 4-year colleges and universities with aviation-related 
degrees and commercial pilot certificates with instrument ratings 
obtained from an affiliated part 141 pilot school be eligible? Why or 
why not?
    (13) Should military pilots be allowed to receive an ATP 
certificate with restricted privileges? Why or why not? If so, is the 
proposed 750 hours too high, too low, or adequate?
    (14) Should graduates of 4-year colleges and universities with 
aviation-related majors and commercial pilot certificates with 
instrument ratings obtained from an affiliated part 141 pilot school be 
allowed to receive an ATP certificate with restricted privileges? Why 
or why not? If so, is the proposed 1,000 hours too high, too low, or 
adequate?
    (15) Should military pilots and/or graduates of 4-year colleges and 
universities with aviation-related majors and commercial pilot 
certificates with instrument ratings obtained from an affiliated part 
141 pilot school be allowed to receive an ATP certificate without 
restrictions with fewer than 1,500 hours? Why or why not? If so, how 
many hours would be appropriate?
    (16) Should a pilot who obtains a degree with an aviation-related 
major from a 4-year college or university and a commercial pilot 
certificate with instrument rating from a part 141 pilot school not 
affiliated with the college or university be eligible for a restricted 
privileges ATP certificate? Why or why not? If so, how many hours 
should they be required to have? And, should there be a time limit 
between the baccalaureate training and the flight training if they were 
not done concurrently?
    (17) Should the FAA consider an alternative licensing structure for 
pilots who desire only to fly for a part 121 air carrier (e.g. 
multicrew pilot license)? Why or why not?
    (18) If the FAA were to adopt a licensing structure for a multicrew 
pilot license, what would be the appropriate amount and type of ground 
and flight training?

F. Minimum of 1,000 Hours in Air Carrier Operations To Serve as PIC in 
Part 121 Operations

    Under current regulations, a pilot may serve as PIC in part 121 
operations with 1,500 hours total time as a pilot. There is no 
requirement that a pilot have a minimum number of hours as an SIC in 
air carrier operations prior to serving as PIC. Historically, such a 
provision was not required due to the number of pilots who had well in 
excess of 1,500 hours at the time they were hired by air carriers. In 
addition, these pilots often served as an SIC for several years before 
serving as PIC as a result of individual air carrier practices. 
Finally, under current regulations, commercial pilots must serve for a 
period of time as SIC before obtaining sufficient hours to apply for an 
ATP certificate and upgrade to PIC. In light of the fact that the SIC 
lacked sufficient hours to serve as PIC, a natural mentoring process 
occurred for less experienced pilots.
    An unintended consequence of the Act's requirement for all part 121 
pilots to hold an ATP certificate is that the natural mentoring of SICs 
may not occur. The FAA believes that the time that an SIC spends 
observing a PIC plays an important role in preparing the SIC for 
eventual upgrade to PIC. A PIC in air carrier operations is expected to 
possess leadership and command abilities including aeronautical 
decisionmaking and sound judgment necessary to exercise operational 
control of the flight. The PIC should serve as a mentor and assist in 
the professional development of the SIC.
    Section 217 of the Act directs the Administrator to determine the 
sufficient flight hours ``to enable a pilot to function effectively in 
an air carrier environment.'' The FAA is proposing to add a provision 
to new Sec.  121.436 that would require a pilot to have 1,000 hours in 
air carrier operations prior to serving as PIC in part 121 operations.

[[Page 12386]]

This requirement would ensure that, prior to serving as PIC in part 121 
operations, a pilot has obtained at least one full year of relevant 
operational experience. The 1,000 hours in air carrier operations may 
be a combination of time as PIC in operations conducted under Sec.  
91.1053(a)(2)(i) or Sec.  135.243(a)(1) or as SIC in part 121 
operations. The FAA is proposing to allow a pilot to count PIC time in 
operations conducted under Sec.  91.1053(a)(2)(i) or Sec.  
135.243(a)(1) because these operations require an ATP certificate and 
type rating and are similar to operations conducted under part 121. A 
PIC in these operations has demonstrated leadership and command 
abilities including aeronautical decisionmaking and the judgment 
necessary to exercise operational control of the flight. Additionally, 
a PIC in these operations has served as a mentor and assisted in the 
professional development of SICs. The FAA believes that the training 
and experience gained in these operations aid in the professional 
development of a pilot and develop the competencies required to serve 
as a PIC in part 121 operations. This provision would also address, in 
part, many of the concerns surrounding pilot professionalism identified 
by the NTSB in its Safety Recommendation letter to the FAA on February 
23, 2010, and address many of the concerns of the FOQ ARC members.
    The FAA seeks comments on the following:
    (19) If all pilots in part 121 air carrier operations are required 
to hold an ATP certificate, should there be additional requirements 
prior to operating as a PIC in part 121 air carrier operations? If so, 
what should those requirements be?
    (20) Is the proposed flight hour requirement for serving as SIC 
before moving to PIC too long, too short, or adequate?
    (21) Should the proposed PIC time in part 91 subpart K or part 135 
operations count towards the part 121 PIC requirement? Why or why not?
    (22) Should SIC time outside of part 121 operations count towards 
the proposed requirement? Why or why not?

G. Miscellaneous Amendments

    The FAA has proposed several miscellaneous amendments to parts 61 
and 142. These amendments are non-substantive technical amendments, 
mostly to define terms, remove obsolete provisions, and make minor 
conforming changes to existing regulations. One proposal would remove 
several references to SFAR No. 58 because that provision already was 
removed from chapter 14 of the Code of Federal Regulations.
    The FAA is also proposing to amend the definitions in Sec.  61.1. 
The definitions of ``flight training device'' and ``flight simulator'' 
would be removed because those terms are defined in parts 1 and 60. New 
definitions of ``accredited'' and ``nationally recognized accrediting 
agency'' would be added in order to clarify which institutions' 
graduates would qualify for an ATP certificate with restricted 
privileges.
    Additionally, the FAA is proposing several minor conforming 
amendments to update cross-references in various sections of the 
regulations and to make other editorial corrections.
Paperwork Reduction Act
    This proposal contains the following new information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the FAA has submitted the information requirements 
associated with this proposal to the Office of Management and Budget 
for its review.
    Title: Pilot Certification and Qualification Requirements for Air 
Carrier Operations.
    Summary: This proposal would amend the requirements for obtaining 
an airline transport pilot (ATP) certificate by requiring pilot 
applicants for an ATP certificate with airplane category multiengine 
class rating or type rating to complete a new ATP Certification 
Training Program. Any part 142 training center, part 141 pilot school, 
or air carrier wishing to offer the new training program would be 
required to submit the curriculum to the FAA for approval.
    Use of: This proposed information collection would ensure pilots 
seeking employment in an air carrier environment are adequately trained 
on the knowledge and skills they need to function in a multicrew 
environment in a variety of operating conditions. The requirement to 
submit the ATP Certification Training Program curriculum to the FAA for 
approval would provide greater oversight of the training programs and 
ensure consistency of both course and instructional quality among the 
training centers, pilot schools, and air carriers.
    Part 121, 135, 141, or 142 certificate holders that wish to offer 
or provide the ATP Certification Training Program would be required to 
develop and submit a course for approval by the FAA. For those that 
provide this training, additional pilot training record keeping would 
also be required.
    The following estimate corresponds to section IV of the economic 
evaluation.
Industry ATP Course Development Costs
Initial number of certificate holders offering the ATP course = 20.
Time needed to develop the ATP course = 120 hours.
Salary of a ground instructor = $32.55.
First-Year Cost
Cost: 20 x 120 x $32.55 = $78,120.
Time: 20 x 120 = 2,400 hours.
Subsequent Years: Per-Year Costs
Cost: 1 x 120 x $32.55 = $3,906.
Time: 1 x 120 = 120 hours.
Total Over 10 Years
Cost: $113,274.
Time: 3,480 hours.
Average Per Year
Cost: $11,327.
Time: 348 hours.
Industry Recordkeeping Costs
Initial number of ATP applicants = 2910.
Time needed for recordkeeping per pilot = 0.1 hours.
Salary of a ground instructor = $32.55.
First-Year Cost
Cost: 2910 x 0.1 x $32.55 = $9,472.
Time: 2910 x 0.1 = 291 hours.
Subsequent Years: Avg. Per-Year Costs
Cost: 3,580 x 0.1 x $32.55 = $11,652.
Time: 3,580 x 0.1 = 358 hours.
Total Over 10 Years
Cost: $114,306.
Time: 3,512 hours.
Average Per Year
Cost: $11,431.
Time: 351 hours.
FAA ATP Course Review Costs
Initial number of certificate holders requesting ATP course approval = 
20.
Time needed to review the ATP course = 4 hours.
Salary of an aviation safety inspector = $61.50.
First-Year Cost
Cost: 20 x 4 x $61.50 = $4,920.
Time: 20 x 4 = 80 hours.
Subsequent Years: Per-Year Costs
Cost: 1 x 4 x $61.50 = $246.
Time: 1 x 4 = 4 hours.
Total Over 10 Years
Cost: $7,134.
Time: 116 hours.
Average Per Year
Cost: $713.
Time: 11.6 hours.

[[Page 12387]]

FAA Approval Letter Costs
Initial number of certificate holders requesting ATP course approval = 
20.
Time needed to issue the approval letter = 0.5 hours.
Salary of clerk/secretary = $24.67.
First-Year Cost
Cost: 20 x 0.5 x $24.67 = $246.70.
Time: 20 x 0.5 = 10 hours.
Subsequent Years: Per-Year Costs
Cost: 1 x 0.5 x $24.67 = $12.34.
Time: 1 x 0.5 = 0.5 hours.
Total Over 10 Years
Cost: $357.72.
Time: 14.5 hours.
Average Per Year
Cost: $35.77.
Time: 1.45 hours.
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement by April 30, 2012, and should direct them to the 
address listed in the Addresses section at the end of this preamble. 
Comments also should be submitted to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention: Desk 
Officer for FAA, New Executive Building, Room 10202, 725 17th Street 
NW., Washington, DC 20053.
    According to the 1995 amendments to the Paperwork Reduction Act (5 
CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the 
collection of information, nor may it impose an information collection 
requirement unless it displays a currently valid OMB control number. 
The OMB control number for this information collection will be 
published in the Federal Register, after the Office of Management and 
Budget approves it.
International Compatibility
    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations except in 
the following limited respect. The FAA notes that, although pilots will 
be able to obtain a restricted privileges ATP certificate in fewer than 
the ICAO standard of 1,500 hours, those pilots will not have the pilot 
in command privileges of pilots who hold unrestricted ATP certificates. 
This pilot in command restriction will be reflected on the pilot's 
certificate. The experience and qualifications of the pilots who hold 
restricted privileges ATP certificates will exceed the ICAO standards 
for second-in-command.

IV. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Orders 12866 and 13563 direct that each 
Federal agency shall 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 (Pub. L. 96-354) 
requires agencies to analyze the economic impact of regulatory changes 
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) 
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 
of 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 with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this proposed rule. Readers seeking 
greater detail should read the full regulatory evaluation, a copy of 
which has been placed in the docket for this rulemaking.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Satisfies a Congressional requirement to improve 
aviation safety; (2) is an economically ``significant regulatory 
action'' as defined in section 3(f) of Executive Order 12866, (3) is 
``significant'' as defined in the DOT's Regulatory Policies and 
Procedures; (4) would not have a significant economic impact on a 
substantial number of small entities; (5) would not create unnecessary 
obstacles to the foreign commerce of the United States; and (6) would 
not impose an unfunded mandate on state, local, or tribal governments, 
or on the private sector by exceeding the threshold identified above. 
These analyses are summarized below.

Total Costs and Benefits of This Proposed Rule

    The proposed rule's requirements of an ATP certificate and aircraft 
type rating for part 121 SICs, 1,000 hours of flight experience in air 
carrier operations prior to serving as a part 121 PIC--and 50 hours of 
ME time and a foundational ATP Certification Training Program for 
pilots seeking an ATP certificate with airplane category and 
multiengine class rating or type rating--would, as a group of 
requirements, enhance the qualifications, experience, and seasoning of 
pilots. As a consequence, the FAA believes that the proposed rule would 
enhance safety by reducing the accident rate in air carrier operations.
    The FAA estimates that the cost will be minimal for the requirement 
of 50 hours of multiengine time for applicants for the ATP certificate 
with an airplane category multiengine class rating or type rating. 
Multiengine hours are typically acquired while engaged in other 
commercial aviation activities such as flight instruction or part 135 
air carrier operations. Airlines currently post minimums for 
multiengine time from 50 hours to as much as 1,500 hours.\3\
---------------------------------------------------------------------------

    \3\ Kit Darby, President, www.KitDarby.com, Aviation Consulting, 
LLC, Peachtree City, GA.
---------------------------------------------------------------------------

    The FAA also estimates as minimal the costs of the requirement that 
a pilot have 1,000 hours of air carrier operating experience prior to 
serving as a part 121 PIC. According to information provided by 
industry,\4\ the average number of years for an SIC to upgrade to a PIC 
is about five years for operators which use regional jet airplanes and/
or turbopropeller airplanes and more than ten years for major airlines. 
Even without air carrier operating experience in part 135 or part 91, 
subpart K operations, at an average number of 750

[[Page 12388]]

flight hours a year, an SIC will accumulate the required hours in 1\1/
3\ years.
---------------------------------------------------------------------------

    \4\ Owing to the expedited nature of this proposed rule, 
questionnaires were sent to the Air Transport Association (ATA) and 
the Regional Airlines Association (RAA), who, in turn, distributed 
the questionnaire to selected members. Five responses were received 
from the major airlines and three from the regional airlines.
---------------------------------------------------------------------------

    Accordingly, Table 1 shows the expected costs of the proposed rule 
based on the costs of the three remaining requirements--the ATP 
Certification Training Program, the type rating requirement for part 
121 SICs, and the part 121 ATP Certificate requirement for SICs. Table 
1 also shows the expected benefits of the proposed rule. Using a pre-
statute baseline, the table shows the total costs of the proposed rule 
to be $2,018.5 million, with present value cost of $782.4 million and 
annualized present value cost of $73.9 million. The total benefits of 
the proposed rule are $896.0 million, with present value of $384.1 
million and annualized present value benefits of $36.3 million. 
However, since the FAA currently requires 1,500 hours for an ATP 
certificate, and the requirement for an SIC to hold an ATP certificate 
will take effect whether or not a regulation is issued, the cost of 
$1,575.2 million ($582.0 million in present value) associated with this 
provision are attributable to the statute, not the proposed regulation. 
Therefore, using a post-statute baseline, Table 1 shows that the 
proposed rule is cost beneficial as expected costs are $443.3 million 
($200.4 million in present value), which are now less than the expected 
benefits of $896.0 million ($384.1 million in present value). In 
comparing costs and benefits, however, we must consider part 121 
operators separately since all of the cost drivers apply to part 121 
operators, while just the cost of the ATP Certification Training 
Program applies to part 135 and part 91, subpart K, operators.
    As the table shows, for part 121 operators the proposed rule is 
cost-beneficial since present value benefits, at $225.1 million,\5\ are 
greater than present value costs, at 179.0 million. For part 135 
operators present value benefits are $159.0 million, while present 
value costs are $14.8 million, so for part 135 operators the proposed 
rule is overwhelmingly cost-beneficial. Although the FAA does not have 
an estimate of benefits for part 91, subpart K, operators, these 
operators have pilot certification and operating rules similar to part 
135 operators. Given the overwhelming benefit-cost ratio for part 135 
operators, we are confident that the proposed rule is cost-beneficial 
for part 91, subpart K, operators as well.
---------------------------------------------------------------------------

    \5\ Some of these benefits are presumably attributable to the 
statute's ATP requirement, but as noted in the following section, we 
find at most $23.0 million attributable to the statute, with the 
likely amount much less. As Table 1 shows part 121 benefits to be 
$46.1 million greater than costs, the proposed rule would still be 
cost-beneficial even if the maximum $23.0 million were attributable 
to the statute.

                     Table 1--Summary of Costs and Benefits of Proposed FOQ Rule, 2013-2032
----------------------------------------------------------------------------------------------------------------
                                                           Total cost  ($                        Annualized PV
                                                               mil.)        PV cost  ($ mil.)    cost  ($ mil.)
----------------------------------------------------------------------------------------------------------------
Part 121 ATP Certificate Requirement...................          $1,575.2             $582.0              $54.9
    ATP Practical Test.................................  .................              23.3                2.2
    ATP 1,500 Hour Requirement.........................           2,520.4              901.8               85.1
    Savings from 750-hour ATP Military Credit..........            (219.8)             (78.6)              (7.4)
    Savings from 500-hour ATP Educational Credit.......            (725.5)            (264.5)             (25.0)
----------------------------------------------------------------------------------------------------------------
Type Rating (Part 121 Operators Only)..................  .................               3.4                0.3
----------------------------------------------------------------------------------------------------------------
ATP Certification Training Program.....................             443.3              196.9               18.6
    Part 121 Operators.................................             396.6              175.6               16.6
    Part 135 Operators.................................              32.5               14.8                1.4
    Part 91, Subpart K, Operators......................              14.3                6.5                0.6
----------------------------------------------------------------------------------------------------------------
Total Social Cost--Part 121 Operators (Pre-statutory              1,971.7              761.0               71.8
 baseline).............................................
                                                        --------------------------------------------------------
Total Social Cost (Pre-statutory baseline).............           2,018.5              782.4               73.9
----------------------------------------------------------------------------------------------------------------
Costs Attributable to Proposed Rule--Part 121 Operators             396.6              179.0               16.9
 (Post-statutory baseline).............................
                                                        --------------------------------------------------------
Costs Attributable to Proposed Rule (Post-statutory                 443.3              200.4               18.9
 baseline).............................................
----------------------------------------------------------------------------------------------------------------

 
                                                         Total benefits ($    PV benefits ($     Annualized PV
                                                               mil.)              mil.)             benefits
----------------------------------------------------------------------------------------------------------------
Part 121 Benefits......................................            $525.0              $25.1              $21.2
Part 135 Benefits......................................             371.0              159.0               15.0
                                                        --------------------------------------------------------
    Total Social Benefit...............................             896.0              384.1               36.3
----------------------------------------------------------------------------------------------------------------
Notes:
1. Although a social cost, the cost of the ATP certificate requirement is not a cost attributable to the
  proposed rule, as the requirement is specifically mandated by the Airline Safety Act of 2010.
2. Although incremental total costs of the ATP practical test and type rating are zero, incremental present
  value costs are positive. See discussion in the text below.
3. The same flight test qualifies a pilot for both the ATP certificate and the type rating. The incremental
  present value cost of the type rating requirement ($3.4 million) occurs because more current pilots have ATP
  certificates than type ratings.
4. Owing to a requirement of a preliminary version of the regulatory evaluation, the incremental cost of the
  type rating requirement includes the cost of the ATP written exam. As this is an extremely small cost, it is
  not reallocated here to the cost of the ATP certification requirement.
5. Annualized PV Cost/Benefit is the annual cash flow of the 20-year annuity that yields the same present value
  as the cost/benefit item.
6. Column sums may be off one or more units from totals owing to rounding.

[[Page 12389]]

Costs and Benefits of the ATP 1500-Hour Requirement

    As the ATP certificate requirement for part 121 SICs is mandated by 
the Airline Safety Act of 2010 and is self-executing,\6\ the FAA 
attributes the cost of the requirement to the statute and not the 
proposed rule
---------------------------------------------------------------------------

    \6\ More specifically, Section 217 of the Act requires that 
``The total flight hours required by the Administrator * * * shall 
be at least 1,500 flight hours.''
---------------------------------------------------------------------------

    The FAA's Office of Accident Investigation and Prevention (AVP) 
found little relationship between the 1,500-hour requirement and 
airplane accidents. Only 7 of the 31 accidents used for the part 121 
benefit analysis had SICs with less than 1,500 hours. Moreover, the 
NTSB reports on these seven accidents indicate other issues addressed 
by the proposed rule. Finally, the 7 accidents with SICs with less than 
1,500 flight hours account for just 10.2% of the FAA's estimated $225.1 
million part 121 benefits, or $23.0 million, which, accordingly, is the 
maximum that could be attributable to the statute's 1500-hour 
requirement.
    As the 1,500-hour requirement is required by statute, the FAA did 
not further pursue the estimation of the requirement's benefits.

Who is potentially affected by this rule?

    The proposed requirements would most affect any individual seeking 
an ATP certificate with an airplane category multiengine class rating. 
The proposed requirements would also affect any person wanting to serve 
as pilot in command (PIC) in part 121 air carrier operations as well as 
an individual wishing to serve as PIC in part 91 subpart K operations 
or part 135 operations as defined by Sec.  91.1053(a)(2)(i) or Sec.  
135.243(a)(1). In addition, persons wanting to serve as second in 
command (SIC) in part 121 air carrier operations would be affected by 
the proposed rules.

Principal Assumptions and Sources of Information

     The FAA uses a 20-year period of analysis in order to more 
fully account for costs that will accumulate over time as new pilots 
replace retiring pilots unaffected by the proposed rule. As the final 
rule will become effective on August 2, 2013, the FAA uses the 20-year 
period of analysis, 2013-2032. As for the most part the FAA is using 
2010 prices, in calculating present values discounted back to 2010.
     Discount rate is 7 percent (Office of Management & Budget, 
Circular A-4, ``Guidelines and Discount Rates for Benefit-Cost Analysis 
of Federal Programs,'' October 29, 1992, p. 8, www.whitehouse.gov/omb/circulars/index.html).
     VSL ($6 million) and value of prevented injuries: United 
States Office of the Secretary of Transportation. Memorandum: Treatment 
of the Economic Value of a Statistical Life in Departmental Analyses--
2009 Annual Revision, March 18, 2009.
     Number of rule-related accidents and associated number of 
fatalities, number of minor and serious injuries, aircraft model, and 
aircraft damage: FAA, Office of Accident Investigation and Prevention 
(AVP).
     Market value of aircraft and restoration costs: APO update 
to 2008 of data in Economic Values for FAA Investment and Regulatory 
Decisions, A Guide, Section 5. Office of Aviation Policy and Plans, 
U.S. Federal Aviation Administration, Wash., DC, Dec. 31, 2004.
     Number of part 121 PICs and SICs by airline and part 135 
ATP pilots; and part 91, subpart K, fractional ownership program PICs: 
FAA, Flight Standards Service, National Vital Information Subsystem 
(NVIS) database (Nov. 22, 2010; Dec. 10, 2010).
     Pilot growth rate (0.6%): U.S. DOT, FAA, Aviation Policy & 
Plans. FAA Aerospace Forecast: 2010-2030. Table 29, ``Active Pilots by 
Type of Certificate'', Air Transport, Avg Annual Growth, 2009-2030.
     Cost of ATP Certification Training Program and cost of 
type rating: Industry survey and FAA Flight Standards Service.
     Percentage of SICs without PTC (major & cargo airlines and 
regional airlines): Estimated from industry survey.
     Percentage of SICs without type rating (major & cargo 
airlines and regional airlines): Estimated from industry survey.
     Typical number of years for upgrade from SIC to PIC (Major 
airlines: 10 years, Regionals: 5 years): Estimated from industry 
survey.
     Typical number of years after which PIC will move from 
regional airline to major airline (2 years): Industry survey.
     Pilot salary data by airline (2008): 
www.airlinepilotcentral.com.
     Number of part 121 retiring pilots (minimum): Calculated 
using www.faa.gov, Data and Research, U.S. Civil Airmen Statistics, 
Annual Statistics, 2009. Table 12, ``Estimated Active Certificates Held 
As of December 31, 2009.''
     Early and medical pilot retirement rate (0.5%): Email from 
Kit Darby, President, www.KitDarby.com, Aviation Consulting, LLC, 
Peachtree City, GA, dated 12/18/2010.
     Flight experience of military pilots leaving the service: 
FAA Flight Standards Service, Air Transportation Division (AFS-200), 
Air Carrier Training Branch (AFS-210).
     Hiring minimums by airline & airline group and percentage 
of pilots hired with military training: Kit Darby, President, 
www.KitDarby.com, Aviation Consulting, LLC, Peachtree City, GA.
     Number of baccalaureates with aviation-related degrees: 
Aviation Accreditation Board International (AABI), Gary W. Kiteley, 
Executive Director, 3410 Skyway Drive, Auburn, AL.
     The FAA assumes safety benefits will grow at the annual 
growth rate of air carrier revenue passenger miles. Source: U.S. DOT, 
FAA, Aviation Policy & Plans. FAA Aerospace Forecast: 2010-2030. Table 
5, ``U.S. Commercial Air Carriers' Total Scheduled U.S. Passenger 
Traffic'', Revenue Passenger Miles, System [Domestic + Int'l], Avg 
Annual Growth, 2009-2030.

Costs of This Proposed Rule

    As discussed above, the FAA estimates costs to be minimal for the 
requirement that holders of the ATP certificate have 50 hours of 
multiengine time and the requirement that a pilot have 1,000 hours of 
air carrier experience prior to serving as PIC in part 121 operations. 
The FAA estimates that the three remaining provisions of the rule--the 
ATP Certification Training Program, the type rating requirement for 
part 121 SICs, and the ATP certification requirement--could have cost 
implications, although, as already noted, since the latter requirement 
is mandated by the Airline Safety Act of 2010, the FAA attributes that 
cost to the statute, not the proposed rule. The costs of each of these 
three requirements is discussed further below.
Cost of ATP Certification Training Program
    The requirement for the ATP Certification Training Program applies 
to all new applicants for an ATP certificate with an airplane category 
multiengine class rating or type rating. Accordingly, the ATP 
Certification Training Program would apply to all pilots in part 121 
operations, all PICs in part 91, subpart K, Fractional Ownership 
Operations, and all part 135 air carrier operations requiring the PIC 
to hold an ATP certificate. Part 135 operations requiring the PIC to 
hold an ATP certificate with an airplane category multiengine class 
rating are (1) commuter operations using multiengine

[[Page 12390]]

airplanes with nine or fewer passenger seats (``Scheduled 135'') and 
(2) on-demand operations using multiengine airplanes with 10 or more 
passenger seats or turbojets.
    The FAA anticipates that the ATP Certification Training Program 
would be a 7-day course, typically conducted by part 142 training 
center or a part 121 air carrier just prior to a pilot's initial pilot 
training. The FAA anticipates the course would entail three days of 
ground school and four days of flight training--two days with an FTD 
and two days with a Level C or D simulator. Typically two pilots train 
concurrently in a simulator and this is reflected in the simulator 
estimates of cost per pilot.
    Table 2 reflects the estimated cost factors for the training 
program and Table 3 reflects the total cost per pilot calculations.

                        Table 2--Cost Factors for the ATP Certification Training Program
----------------------------------------------------------------------------------------------------------------
         Cost factor                            Rate                                     Period
----------------------------------------------------------------------------------------------------------------
Ground school instructor....  $33.....................................  per hour.
Simulator instructor........  130.....................................  per hour.
Level C or D simulator......  2,000...................................  4-hr simulator event.
FSTD........................  400.....................................  4-hr simulator event.
Training pay................  1,302...................................  per month.
Hotel.......................  90......................................  per day.
Per diem....................  45......................................  per day.
----------------------------------------------------------------------------------------------------------------
Sources:
1. Pay rates incorporate a benefits factor of 1.302--Employee Benefit Research Institute, www.ebri.org (Benefit
  FAQs).
2. Other cost factors--Industry survey and FAA Flight Standards Service.

   Table 3--Cost per Pilot of 7-Day ATP Certification Training Program
------------------------------------------------------------------------
                          Item                               Item cost
------------------------------------------------------------------------
Ground school instructor (3 days).......................             $39
Simulator instructor (four 4-hr events).................           2,083
Level C or D simulator (two 4-hr events, 2 pilots)......           2,000
FSTD (two 4-hr events, two pilots)......................             400
Training pay & benefits (7 days)........................             304
Hotel (7 days)..........................................             630
Per diem (7 days).......................................             315
                                                         ---------------
    Total Cost per Pilot................................           5,771
------------------------------------------------------------------------
Notes:
1. Ground school class sizes are assumed to average 20 pilots.
2. Simulator instructor, simulator, and FTD costs reflect the fact that
  flight training is typically done with two pilots concurrently.
3. As the FAA anticipates that the training would take place just prior
  to initial pilot training, there would be no incremental travel costs.

    The FAA uses cost per pilot from Table 3 to estimate total and 
present value costs for new pilots over the 2013-2032 estimation 
period. (As indicated in the section on type rating costs below, 
current pilots without an ATP will be able to obtain one at no 
additional cost when fulfilling the requirements for a type rating.) 
The FAA estimates the total cost of the ATP Certification Training 
Program over the 20-year estimation period, 2013-2032 to be $443.3 
million with present value of $196.9 million.
Cost of an ATP Certificate/Aircraft Type Rating
    The rule proposes that all SICs in part 121 operations hold an 
aircraft type rating for the aircraft flown by August 2, 2013, the same 
date that the SICs are required to hold an ATP certificate by 
Congressional mandate. The ATP practical test standards are the same 
standards used for a type rating practical test. Given the statute's 
requirement for an ATP certificate, the incremental cost of the 
proposed rule's requirement for an aircraft type rating is zero. Some 
current SICs, however, already hold the ATP certificate. For these 
pilots, there would be an incremental cost for the type rating.\7\ 
Because of their close relationship, in this section the FAA estimates 
ATP certificate and type rating testing costs concurrently. Far more 
costly, however, is the requirement (retained by the proposed rule) 
that an applicant for an ATP certificate have a minimum of 1,500 hours 
of flight time. A later section entitled, ``Cost of the ATP 1,500-hour 
Requirement'', will show the ATP 1,500-hour requirement to be orders of 
magnitude more costly than ATP testing costs. Table 4 below shows the 
cost factors for the ATP and aircraft type rating practical test.
---------------------------------------------------------------------------

    \7\ Very few pilots hold a type rating without also holding the 
ATP certificate.

                        Table 4--Cost Factors for an ATP Certificate/Aircraft Type Rating
----------------------------------------------------------------------------------------------------------------
         Cost factor                            Rate                                      Unit
----------------------------------------------------------------------------------------------------------------
Ground school instructor....  $33.....................................  per hour.
Simulator instructor........  130.....................................  per hour.
Check Pilot.................  130.....................................  per hour.
Aircrew Program Designee      143.....................................  per hour.
 (APD).

[[Page 12391]]

 
Level C or D simulator......  2,000...................................  4-hr event.
New hire training pay.......  1,302...................................  per month.
SIC pilot pay...............  78......................................  per hour.
Hotel.......................  90......................................  per day.
Per diem....................  45......................................  per day.
ATP written test............  150.....................................  per test.
----------------------------------------------------------------------------------------------------------------
Sources: 1. Pay rates incorporate a benefits factor of 1.302--Employee Benefit Research Institute, www.ebri.org
  (Benefit FAQs).
2. Other cost factors--Industry survey and FAA Flight Standards Service.

    These cost factors are now used to estimate the cost per pilot, 
enabling the cost for all affected pilots to be estimated. The cost 
estimation per pilot differs considerably between current and new SICs, 
therefore they are estimated separately.
Cost of ATP Certificate/Aircraft Type Rating per Pilot--New Pilots
    The FAA believes that the ATP practical test/aircraft type rating 
for new pilots would be conducted at the conclusion of initial 
training, so that the cost of the ATP/aircraft type rating for new 
pilots would be incremental to the initial training costs. Table 5 
below shows the cost estimates per pilot for new pilots:

Table 5--Incremental Cost of an ATP Certificate/Aircraft Type Rating per
                          Pilot for New Pilots
------------------------------------------------------------------------
                          Item                               Item cost
------------------------------------------------------------------------
Level C or D simulator for flight training (4-hr event,           $1,000
 2 pilots--two hours each)..............................
Simulator instructor for flight training (4-hr event, 2              260
 pilots)................................................
Incremental cost of type rating/ATP ``Check ride''                    52
 (Incremental cost of APD)..............................
Training pay & benefits (1 day).........................              43
Hotel (negotiated rate) (1 day).........................              90
Per diem (1 day)........................................              45
ATP written test........................................             150
                                                         ---------------
    Total...............................................           1,641
------------------------------------------------------------------------
Note: Column sums may be off one or more units from totals owing to
  rounding.

    As summarized in the table, the FAA estimates that after initial 
training, pilots need two additional hours of simulator training to be 
prepared to take the aircraft type rating check ride (practical test). 
The same check ride qualifies as the practical test for the ATP 
certificate so the pilots will qualify for both the aircraft type 
rating and an ATP certificate simultaneously. Since a check ride is 
already required during initial training, the incremental cost for the 
aircraft type rating/ATP check ride is just the incremental salary and 
benefits of the Aircrew Program Designee (APD) required to conduct an 
aircraft type rating or ATP practical test, compared to a check airman. 
The cost of the ATP written test is included here as it would be 
required for the ATP practical test.
Cost of an ATP Certificate/Aircraft Type Rating per Pilot for Current 
SICs
    The FAA believes that the aircraft type rating for current SICs 
would be conducted most efficiently at the conclusion of recurrent 
training, so that the cost of type rating current SICs would be 
incremental to the cost of recurrent training. Table 6 below shows our 
cost estimates per pilot for current SICs:

Table 6--Incremental Cost of an ATP Certificate/Aircraft Type Rating per
                        Pilot for Current Pilots
------------------------------------------------------------------------
                          Item                               Item cost
------------------------------------------------------------------------
Ground school instructor (2 days).......................             $26
Level C or D simulator for flight training (Two 4-hr               2,000
 events, 2 pilots--4 hours each)........................
Simulator instructor for flight training (Two 4-hr                   521
 events, 2 pilots)......................................
Incremental cost of Level C or D simulator for ``Check             1,000
 ride'' for type rating/ATP (4-hr event)................
Incremental cost of type rating/ATP ``Check ride''                    52
 (Incremental cost of APD)..............................
Pilot pay (four 4-hr negotiated ``training days'')......           1,250
Hotel (4 days)..........................................             360
Per diem (4 days).......................................             180
                                                         ---------------
    Total...............................................           5,389
------------------------------------------------------------------------
Notes:
1. The FAA assumes ground school class sizes to average 20 pilots.
2. As the FAA anticipates that the aircraft type rating would be
  conducted at the conclusion of recurrent pilot training, there would
  be no incremental travel costs.

[[Page 12392]]

    As summarized in the table, the FAA estimates that current SICs 
would need four hours of simulator training to be prepared for the 
aircraft type rating. The check ride for recurrent training is 
typically done with two pilots concurrently, whereas the aircraft type 
rating/ATP check ride is conducted with one pilot, so the incremental 
cost of a 4-hour simulator event is $2,000 - $1,000 = $1,000. The cost 
estimate does not include a charge for the ATP written exam as the 
number of current SICs without the ATP written test completed is 
estimated to be minimal.
Cost of an Aircraft Type Rating/ATP for New Part 121 Pilots, 2013-2032
    Under current rules and practice, virtually all part 121 pilots 
eventually upgrade to PIC, a position for which an aircraft type rating 
and ATP certificate are required. On average this occurs 5 years into 
the pilot's career, often at a regional airline. Under the proposed 
rule, a new part 121 pilot will be required to have an aircraft type 
rating and an ATP certificate at the beginning of his or her career as 
SIC. Since the undiscounted costs are the same under the proposed rule 
as under the current rule, the incremental undiscounted cost 
attributable to the proposed rule is zero. Nevertheless, there is an 
incremental present value cost stemming from the fact that the costs of 
the aircraft type rating would be incurred 5 years earlier under the 
proposed rule.\8\ This incremental cost may be expressed as follows: C 
= PV1-PV2, where C is the incremental present 
value cost of the proposed rule; PV1 is the present value 
cost of the requirement that new SICs have an aircraft type rating and 
an ATP certificate immediately upon entering into revenue service; and 
PV2 is the present value cost of upgrading in year 5 under 
the existing rule. When the 20-year cost stream is discounted with the 
usual discount factors and summed, the FAA obtains PV1 = 
$49.9 million, the present value cost under the proposed rule. When the 
20-year cost stream is discounted by an additional 5 years, the FAA 
obtains the present value cost, PV2 = $35.6 million. The 
incremental present value cost of the proposed aircraft type rating 
requirement can then be calculated as the increase in present value 
cost: $49.9 mil-$35.6 mil = $14.3 million.\9\
---------------------------------------------------------------------------

    \8\ The FAA believes that a small percentage of new SICs (less 
than 5%) may leave part 121 operations prior to upgrading to PIC. By 
not taking this potential attrition into account, the FAA's cost 
estimates for a type rating/ATP are understated by no more than $1.8 
million in present value. A similar underestimation is made in the 
analysis for existing SICs who do not currently hold a type rating.
    \9\ Pilots will need one or more additional aircraft type 
ratings as they follow a typical career path from a regional airline 
to a major airline. However, the average number of years to upgrade 
for a major airline is more than 10 years, which added to an average 
7-year regional airline career, is far into the future. The low cost 
of the initial aircraft type rating, combined with heavy 
discounting, indicates the cost of future additional aircraft type 
ratings is minimal.
---------------------------------------------------------------------------

Cost of an ATP Certificate/Aircraft Type Rating for Current Part 121 
Pilots, 2013-2032
    First, the cost of an ATP certificate for all current pilots 
without an ATP certificate is calculated and then, independently, the 
cost for all current pilots without a type rating for the airplane 
flown to obtain an aircraft type rating is calculated. As already 
noted, the latter cost will be higher since there are fewer current 
pilots with a type rating than with an ATP certificate. The difference 
between the ATP certificate cost and the type rating cost will be the 
incremental cost of the proposed rule's type rating requirement for 
current pilots.
    The total cost and present value estimates for current pilots for 
the estimation period, 2013-2032, are shown in Table 7 below:
Assumptions
7% Discount rate
0.6% Pilot growth rate
$5,389 Estimated incremental cost of an ATP certificate/aircraft 
type rating for current pilots
9,986 No. of SICs, 2010--regional airlines
29,594 No. of SICs, 2010--majors & cargo airlines
25.2% of SICs at regional airlines
85% of SICs without an ATP certificate--regionals
15% of SICs without an ATP certificate--majors & cargo airlines
90% of non-type rated SICs--regionals
30% of non-type rated SICs--majors & cargo airlines

                                  Table 7--Cost of an ATP Certificate/Aircraft Type Rating for Current Part 121 Pilots
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Number of
                                                       current                                                PV Factor
                                         Number of     part 121    Total cost of              PV Cost of an    (2.5 yrs   PV Cost of ATP  Net PV Cost of
                 Year                     part 121    pilots w/o   an ATP cert.   PV Factor     ATP cert.       add'l     (2.5 yrs add'l      an ATP
                                            SICs        an ATP                                                discount)      discount)
                                                        cert.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Cost of an ATP Certificate
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013..................................       40,177       13,161     $70,924,078      0.816     $57,895,174        0.689     $48,885,882     $12,413,978
--------------------------------------------------------------------------------------------------------------------------------------------------------

 
                                                      Number of
                                                       current                                                PV Factor     PV Cost of
                                         Number of     part 121    Total cost of              PV Cost of an    (2.5 yrs     type rating   Net PV Cost of
                 Year                     part 121    pilots w/o    an aircraft   PV Factor   aircraft type     add'l     (2.5 yrs add'l    type rating
                                            SICs     an aircraft    type rating                  rating       discount)      discount)
                                                     type rating
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Cost of a Type Rating
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013..................................       40,177       18,189     $98,018,226      0.816     $80,012,070        0.689     $67,560,999     $12,451,071
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As noted previously, currently only PICs are required to hold an 
ATP certificate and an aircraft type rating for the airplane flown in 
revenue service. Based on information provided by industry, the FAA 
estimates that about 85% of the SICs for regional airlines and 
approximately 15% of the SICs of major and cargo airlines do not have 
an ATP certificate. The corresponding figures for an aircraft type 
rating are 90% and 30%. With the additional estimate of 25.2% of SICs 
at regional airlines, more than 13,000 current (2013) SICs do not have 
aircraft type ratings.\10\ As Table 9

[[Page 12393]]

shows, we estimate $70.9 million to be the total cost to upgrade 
current SICs from commercial certificates to ATP certificates. (But, as 
in the case of new pilots, this is the total cost under both the 
current rule and the proposed rule, so the incremental total cost is 
zero.) When discounted with the usual discount factor, a present value 
cost of $57.9 million is calculated under the proposed rule. As in the 
case of new part 121 pilots, however, the incremental present value 
cost owing to the proposed requirement that pilots must have the ATP 
certificate immediately when in revenue service must be calculated. 
Because the FAA has no information on the time in part 121 service of 
current SICs without an ATP certificate, it is assumed that, on 
average, they have been in service for 2.5 years and have, on average, 
2.5 additional years to serve as SICs before they would upgrade and be 
required, under current rules, to have an ATP certificate (and aircraft 
type rating). As the table shows, an additional 2.5 years is discounted 
to obtain the present value cost of $48.9 million under the current 
rule. The incremental PV cost of the earlier requirement for the 
aircraft type rating is then $57.9 - $48.9 = $9.0 million.
---------------------------------------------------------------------------

    \10\ A small percentage of SICs also have not passed the ATP 
written exam. The estimated total cost for these pilots is minimal.
---------------------------------------------------------------------------

    The analogous independent calculation for the type rating cost 
yields an incremental PV cost of the earlier requirement for a type 
rating to be 12.4 million. $12.4 - $9.0 = $3.4 million is then the 
incremental net present value cost of the proposed rule's requirement 
for a type rating in addition to the statute's requirement for an ATP 
certificate.
Cost of an ATP Certificate/Aircraft Type Rating for All Part 121 
Pilots, 2013-2032
    The table below summarizes the cost of an ATP certificate/aircraft 
type rating for new and current part 121 pilots:

  Table 8--Summary of ATP Certificate/Type Rating Cost for All Part 121
                            Pilots, 2013-2032
------------------------------------------------------------------------
                                                               NPV Cost
------------------------------------------------------------------------
ATP Cost--New Pilots........................................       $14.3
ATP Cost --Current Pilots w/o ATP Certificate...............         9.0
Cost of ATP Requirement.....................................        23.3
Cost of Type Rating.........................................         3.4
Cost of ATP Certificate/Type Rating.........................        26.7
------------------------------------------------------------------------
Notes:
1. ``Cost Current Pilots w/o ATP'' is the cost of providing an ATP
  certificate (and type rating) to all current pilots with neither.
2. ``Cost of Type Rating'' is the cost of type rating pilots already
  holding an ATP certificate.

Estimated Cost of ATP 1,500-Hour Requirement
    As previously noted following the Congressional mandate of the Act, 
the proposed rule requires all SICs in part 121 air carrier operations 
to have an ATP certificate by August 2, 2013. The FAA proposes to 
retain the current requirement that ATP holders have at least 1,500 
hours of total time as a pilot, except for a newly created restricted 
privileges ATP certificate under which (1) pilots with military 
training would require only 750 hours of flight time and (2) pilots 
with an aviation-related bachelor degree, who also obtained their 
commercial pilot certificate with instrument rating from an affiliated 
part 141 pilot school, would require only 1,000 hours of flight time. 
Holders of a restricted privileges ATP certificate would be allowed to 
operate as SICs only in part 121 operations and would be required to be 
at least 21 years old and hold a first class medical certificate.
    In this section the cost of the increase in flight time that the 
ATP certificate requirement will entail is estimated. Only the cost for 
new pilots is estimated, as, given the depressed hiring environment for 
pilots in 2009 and 2010, the number of pilots currently with less than 
1,500 hours appears to be small \11\, with corresponding minimal costs. 
For the future, the effect of the requirement would be to delay the 
careers of pilots in part 121 operations, so the cost of the increased 
flight hour requirement can be estimated by the reduced salary and 
benefits that the requirement engenders. From a social point of view, 
the reduced salary and benefits reflects the loss of pilot productivity 
the 1,500-hour restriction brings about by delaying the entrance of 
pilots into part 121 operations and, consequently, delaying their 
career path.
---------------------------------------------------------------------------

    \11\ Industry survey. Confirmed by email from Kit Darby, 
President, www.KitDarby.com, Aviation Consulting, LLC, Peachtree 
City, GA, dated 12/18/2010.
---------------------------------------------------------------------------

    A common career path of a pilot in part 121 operations is to start 
out as an SIC (first officer) in a regional airline, upgrade to PIC 
(captain) at that airline and, subsequently, to become an SIC and a PIC 
at a major airline. Based on a survey of industry, the FAA estimates 
the career path of a ``typical'' pilot in part 121 operations as 
follows: Upgrade to regional airline PIC after five years, move to a 
position as SIC at a major airline after two years as PIC at the 
regional airline, and upgrade to PIC at the major airline after an 
additional ten years. Under current regulations, a pilot is eligible 
for part 121 operations with a commercial pilot's license, which 
requires just 250 hours of flight time.\12\
---------------------------------------------------------------------------

    \12\ A graduate of a part 141 pilot school or a part 142 
training center can obtain a commercial license with as few as 190 
hours of flight time.
---------------------------------------------------------------------------

    There is considerable cross-sectional variation in the hiring 
minimums of regional airlines, but the average total hours minimum 
appears to be about 750 hours. The number of flight hours the FAA 
assumes pilots can accumulate in one year is also about 750 hours. 
Accordingly, the FAA estimates that the proposed requirement for an ATP 
certificate with 1,500 hours of flight time would, on average, delay a 
new pilot's part 121 career approximately one year. As pilots with an 
aviation-related bachelor's degree, who also received their commercial 
pilot certificate with instrument rating from an affiliated part 141 
pilot school, would be allowed to hold the restricted privileges ATP 
certificate with 1,000 hours, the FAA estimates that their careers will 
be delayed by only one-third of a year. The part 121 careers of Air 
Force, Navy, and Marine pilots appear not to be delayed by the proposed 
rule, as these pilots appear to typically have more than 1,500 hours of 
flight time when leaving the service, so they will be eligible for the 
unrestricted ATP certificate. Army pilots typically have at least 750 
hours of flight time when leaving the military, so they will be 
immediately eligible for the restricted privileges ATP certificate 
under the proposed rule.
    In order to calculate the cost of the ATP certificate 1,500-hour 
requirement, the FAA calculates the earnings and active benefits of a 
typical pilot in part 121 operations in a 35-year career and then 
calculates the loss in earnings and active benefits caused by the 
effect of the hours requirements in delaying that career. The regional 
airline earnings are estimated by averaging salary and active benefits 
data for Colgan Air and Mesa Airlines, as this provides a median 
estimate for the regional airlines included in a recent study.\13\ The 
major airline earnings are estimated using salary and active benefits 
data for Delta Airlines as this was the median airline in the same 
study.\14\ (Retirement benefits were not included as they greatly 
complicate the analysis with little effect on present value.) As 
pilots' salaries differ by type of airplane flown (as well as by 
airline), an average salary

[[Page 12394]]

for each airline was calculated as a weighted average using the number 
of aircraft of each type as weights. Hourly salary data by airline for 
2008 were obtained from www.airlinepilotcentral.com and were converted 
to monthly figures by multiplying hourly salary by the airline's 
average credit hours per month.\15\
---------------------------------------------------------------------------

    \13\ www.KitDarby.com Aviation Consulting. U.S. Airline Pilot 
Job Market Overview. April 12, 2010. Peachtree City, Georgia.
    \14\ The active benefits factor for Colgan Airlines and Mesa 
Airlines is 1.233 and for Delta Airlines it is 1.15. Kit Darby 
Aviation Consulting, pp. 34-37.
    \15\ Kit Darby Aviation Consulting, pp. 26-27.
---------------------------------------------------------------------------

    Based on a 35-year career, the FAA estimated the total cost of a 
one-year delay in a part 121 pilot's career to be $130,298, with a 
present value cost of $67,598.\16\ The FAA estimated the total cost of 
a one-third year delay in a part 121 pilot's career to be $43,433, with 
a present value cost of $21,226.\17\ In order to put these results on a 
basis comparable to the 20-year estimates of the other costs and of the 
estimated benefits of this proposed rule, the present value cost is 
annualized to $5,221 per year for a one-year delay and $1,639 per year 
for a one-third year delay. With these estimates, the FAA calculated 
the total cost of the ATP certificate 1,500-hour requirement for the 
estimation period 2013-2032. These calculations are shown in Table 11 
of the initial regulatory evaluation.
---------------------------------------------------------------------------

    \16\ Estimating the cost of a one-year delay is straightforward. 
For the year of delay, the FAA assumed the pilot is accumulating 
hours at the rate of 750 hours/year as a commercial pilot. The FAA 
assumed the pilot will earn the same salary as a commercial pilot as 
he or she will in their first year as a regional airline SIC.
    \17\ To calculate the cost of a one-third year delay, the FAA 
assumed that delayed pilots are paid for \1/3\ of a year as 
commercial pilot. All other cash flows are identical to those of the 
undelayed pilot, with the exception of the last year when the pilot 
retires at age 65 two-thirds of the way through the 35th pay year.
---------------------------------------------------------------------------

    As the table shows, the total cost of the ATP 1,500-hour 
requirement for the estimation period, 2013-2032, is about $1.6 
billion, with present value cost of $558.7 million. Since the FAA 
requires 1,500 hours for an ATP certificate, and the requirement to 
hold an ATP certificate will take effect whether or not a regulation is 
issued, the costs associated with this provision are attributable to 
the statute, not this proposed regulation. The FAA further notes that 
this rulemaking contains a provision that would permit a pilot to 
obtain a restricted privileges ATP certificate at fewer than 1,500 
hours. This allowance for a restricted privileges ATP certificate 
results in a reduction in the costs that would be incurred if the 
default provision of the public law went into effect without action by 
this Agency.

Benefits of This Proposed Rule

    The FAA expects that this proposed rule would reduce the number of 
future accidents. The bulk of the benefits of the proposed rule, 
particularly with part 121 operations, would be the value of the 
averted fatalities and injuries. The value of averted fatalities and 
injuries is based on the value of a statistical life, which the Office 
of the Secretary of Transportation currently estimates to be $6 
million.
Effectiveness of the FOQ Rule in Preventing Accidents
    For the 10 fiscal years from 2001 to 2010, the FAA's Office of 
Accident Investigation and Prevention (AVP) compiled a list of all part 
121 accidents and part 135 commuter and on-demand accidents over that 
period, along with the number of fatalities, the number of minor and 
serious injuries, aircraft model, and aircraft damage. From this list 
they determined the accidents that would have been affected by the 
proposed rule. AVP assessed that the package of requirements of the 
proposed rule would have had a likelihood of preventing some of these 
accidents. Based on NTSB accident reports, AVP assigned each accident a 
qualitative effectiveness rating and corresponding effectiveness score, 
which represents the likelihood that the proposed rule would have 
prevented the accident.\18\ All scores were reviewed by a 3-person 
panel. The Initial Regulatory Evaluation contains a fuller discussion 
of accidents which may have been averted by the proposed rule and is 
available in the docket.
---------------------------------------------------------------------------

    \18\ Federal Aviation Administration. Office of Accident 
Investigation and Prevention. ``An Assessment of the Effectiveness 
of Public Law 111-216 in Reducing Accident Risk,'' November 22, 
2010.
---------------------------------------------------------------------------

    (23) The FAA is seeking comment on the effectiveness ratings for 
each of the accidents identified in Appendix 4 of the Initial 
Regulatory Evaluation, which is available in the docket.
Total Benefits of the Proposed Rule
    Table 9 below shows the estimated cost of accidents that would have 
had some likelihood of being prevented had the proposed rule been in 
effect in the period 2001-2010, taking into account 30 part 135 
accidents as well as the 31 part 121 accidents:

                                           Table 9--Estimated Cost of FOQ Rule-Related Accidents, FY 2001-2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Full cost                    Full                     Effective
                                    Number of                  Serious       Minor     of fatality/ Full amt of    accident   Wtd Ave. rule    accident
            Operations              accidents    Fatalities    injuries     injuries     injuries   AP dmge  ($    cost  ($   effectiveness    cost ($
                                                                                         ($ mil.)      mil.)        mil.)        ($ mil.)       mil.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121.........................           31           65           14           37       $409.2        $77.4       $486.6         0.344        $167.4
Part 135.........................           30           42           14            7        267.0        131.3        398.3         0.297         118.3
                                  ----------------------------------------------------------------------------------------------------------------------
    Total........................           61          107           28           44        676.2        208.7        884.9         0.323         285.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Column sums may be off by one or more units from totals owing to rounding.

    For the 61 accidents partially attributable to pilot qualification 
issues, over the 10-year sample period the FAA estimated the full 
accident cost to be $884.9 million. As the table shows, the weighted 
average effectiveness (weighting by full accident cost) for all 
accidents is 0.323. Multiplying this figure by the full accident cost 
yields the effective accident cost of $285.8 that the FAA estimated to 
be attributable to pilot qualification issues. Appendix 4 of the 
regulatory evaluation shows the calculations by individual accident.
    The FAA assumed the chance of an accident is equally likely in any 
year of the 10-year estimation period, for an average effective cost of 
$28.58 million per year. Without the proposed rule, the FAA assumed 
that effective costs would grow at an annual rate of 3.5%, the FAA's 
forecast average annual growth rate for air carrier revenue passenger 
miles for the period, 2009-2030.\19\ With

[[Page 12395]]

the proposed rule, these projected costs become, as avoided costs, 
benefits of the proposed rule, which are shown for the estimation 
period, 2013-2032 in the Table 10 below.
---------------------------------------------------------------------------

    \19\ U.S. DOT, FAA, Aviation Policy & Plans. FAA Aerospace 
Forecast: 2010-2030. Table 5, ``U.S. Commercial Air Carriers' Total 
Scheduled U.S. Passenger Traffic'', Revenue Passenger Miles, System 
[Domestic + Int'l], Avg Annual Growth, 2009-2030

7% Discount rate
3.5% Estimated annual growth rate in benefits
20 Number of years of estimation period
13.880 20-year growing annuity factor

                            Table 10--Estimated Benefits of Proposed Rule, 2013-2032
----------------------------------------------------------------------------------------------------------------
                                                                                20-yr growing     Present value
                                                             Benefits, 2013-   annuity factor,   benefits, 2013-
                  2013 Benefits ($ mil.)                      2032 ($ mil.)     discounted 2     2032  ($ mil.)
                                                                                    years
----------------------------------------------------------------------------------------------------------------
$31.68....................................................           $896.0          12.12335            $384.1
----------------------------------------------------------------------------------------------------------------

    As the table shows, estimated total benefits for the estimation 
period, 2013-2032 are almost $900 million. Multiplying the estimated 
$31.68 million in benefits for 2013 by the 20-year growing annuity 
factor, discounted 2 years, yields present value benefits of about $384 
million.
The Number of Avoided Accidents and Avoided Fatalities
    In this section the FAA calculated directly key primary variables 
underlying the expected benefits of the proposed rule--the number of 
accidents and the number of fatalities it expects the proposed rule to 
prevent. In Table 11, the FAA multiplied the sample number of part 121 
and part 135 accidents (from Table 9) by their corresponding weighted 
average effectiveness rating to obtain the expected number of accidents 
and fatalities that would have been prevented had the proposed rule 
been in effect.\20\
---------------------------------------------------------------------------

    \20\ What is calculated here is the ``effective'' number of 
accidents and fatalities avoided since the most costly accidents 
(or, equivalently, the most beneficial avoided accidents) have 
greater weight in determining weighted average effectiveness.

                    Table 11--Number of Accidents and Fatalities Preventable by Proposed Rule Using 2001-2010 Sample Period Accidents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Weighted     Expected number  Expected number
                             Operations                                 Number of        Fatalities        average        of accidents    of fatalities
                                                                        accidents                       effectiveness       avoided          avoided
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121...........................................................               31               65            0.344             10.7             22.4
Part 135...........................................................               30               42            0.297              8.9             12.5
                                                                    ------------------------------------------------------------------------------------
    Total..........................................................               61              107            0.323             19.7             34.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The sum of part 121 and part 135 accidents and fatalities avoided may not equal the ``Total'' number owing to the weighting scheme and/or rounding
  error.

    In Table 12 the FAA used the average number of expected accidents 
and fatalities avoided per year from the Table 11 analysis to project 
the total number of accidents and fatalities that, with the proposed 
rule, would be prevented over the 20-year estimation period, 2013-2032. 
As with benefits, the FAA assumed the number of accidents and 
fatalities would grow at the annual rate of 3.5%. Table 12 shows that 
61.3 is the number of accidents that would be prevented by the proposed 
rule over the 20-year period, 2013-2032 (33.4 for part 121 and 27.9 for 
part 135). For fatalities Table 12 shows that 109.2 is the number that 
would be prevented (70.1 for part 121 and 39.1 for part 135).

   Table 12--Number of Accidents and Fatalities Avoided Under the Proposed Rule, Estimation Period, 2013-2032
----------------------------------------------------------------------------------------------------------------
                                                  Part 121         Part 135         Part 121         Part 135
                    Year                         accidents        accidents        fatalities       fatalities
                                                  avoided          avoided          avoided          avoided
----------------------------------------------------------------------------------------------------------------
2010........................................              1.1              0.9              2.2              1.2
2011........................................              1.1              0.9              2.3              1.3
2012........................................              1.1              1.0              2.4              1.3
2013........................................              1.2              1.0              2.5              1.4
2014........................................              1.2              1.0              2.6              1.4
2015........................................              1.3              1.1              2.7              1.5
2016........................................              1.3              1.1              2.7              1.5
2017........................................              1.4              1.1              2.8              1.6
2018........................................              1.4              1.2              2.9              1.6
2019........................................              1.5              1.2              3.0              1.7
2020........................................              1.5              1.3              3.2              1.8
2021........................................              1.6              1.3              3.3              1.8
2022........................................              1.6              1.3              3.4              1.9
2023........................................              1.7              1.4              3.5              2.0
2024........................................              1.7              1.4              3.6              2.0

[[Page 12396]]

 
2025........................................              1.8              1.5              3.7              2.1
2026........................................              1.8              1.5              3.9              2.2
2027........................................              1.9              1.6              4.0              2.2
2028........................................              2.0              1.7              4.2              2.3
2029........................................              2.1              1.7              4.3              2.4
2030........................................              2.1              1.8              4.5              2.5
2031........................................              2.2              1.8              4.6              2.6
2032........................................              2.3              1.9              4.8              2.7
                                             -------------------------------------------------------------------
    Subtotal................................             33.4             27.9             70.1             39.1
                                             -------------------------------------------------------------------
        Total...............................  ...............             61.4  ...............            109.2
----------------------------------------------------------------------------------------------------------------
Note: Sums may not equal ``Subtotal'' or ``Total'' owing to rounding error.

Initial Regulatory Flexibility Determination

Introduction and Purpose of This Analysis
    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' 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 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 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.
    The FAA believes that this proposed rule would not have a 
significant impact on a substantial number of small entities for the 
following reason: The annualized cost of the proposed rule is less than 
0.5% of operating revenues for all small firms that would be affected 
by the proposed rule.
Reasons Action by the FAA Is Being Considered
    The purpose of this proposed rule is to meet pilot certification 
and qualification requirements imposed by Congress in Sections 216 and 
217 of the Airline Safety and Federal Aviation Extension Act of 2010 
(Pub. L. 111-216). This Act had its genesis in the crash of Colgan Air 
Flight 3407 that occurred in Buffalo, New York, on February 12, 2009, 
destroying the airplane, damaging residential homes, and resulting in 
50 fatalities.
Objectives of, and Legal Basis for, the Proposed Rule
    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
in more detail the scope of the agency's authority. This rulemaking is 
promulgated under the authority described in Subtitle VII, Part A, 
subpart III, Section 447.
Description of the Small Entities to Which the Proposed Rule Will Apply 
and an Estimate of Their Number
    The proposed rule would affect small firms in part 121, part 135, 
and part 91, subpart K, operations in the following North American 
Industry Classification System (NAICS) industries, which shows that the 
Small Business Administration (SBA) size standard is 1,500 employees 
for all four industries.\21\ The SBA size standard is the largest size 
that a business (including its subsidiaries and affiliates) may be to 
remain classified as a small business for SBA.
---------------------------------------------------------------------------

    \21\ U.S. Small Business Administration. Table of Small Business 
Size Standards Matched to North American Industry Classification 
System Codes, July 21, 2006.

[[Page 12397]]

                       Table 13--SBA Size Standard for NAICS Air Transportation Industries
----------------------------------------------------------------------------------------------------------------
              NAICS Code                   2002 U.S. NAICS Title                   SBA Size standard
----------------------------------------------------------------------------------------------------------------
481111...............................  Scheduled Passenger Air        1,500 employees.
                                        Transportation.
481112...............................  Scheduled Freight Air          1,500 employees.
                                        Transportation.
481211...............................  Nonscheduled Chartered         1,500 employees.
                                        Passenger Air Transportation.
481212...............................  Nonscheduled Chartered         1,500 employees.
                                        Freight Air Transportation.
----------------------------------------------------------------------------------------------------------------

    As the size standard is identical at 1500 employees for all four 
air transportation industries, the FAA does not attempt to classify 
each of the affected firms into one of these industries. The FAA 
identifies 93 part 121 air carrier operators, all of which would be 
affected by the proposed rule.
    Using Department of Transportation employment data,\22\ the FAA 
identified 32 part 121 operators as large and an identical number as 
small. The FAA identified 8 more part 121 operators as large, 7 as 
subsidiaries of a group with more than 1,500 employees and 1 known to 
be large (UPS). The FAA inferred 31 more operators to be small on the 
basis of pilot numbers. The largest small part 121 operator has 1,446 
employees and 391 pilots, the largest number of pilots for any part 121 
operator identified as small. In terms of pilot numbers, the largest 
operator that the FAA inferred to be small had 231 pilots. So in all, 
the FAA identified 40 of the part 121 operators as large and 53 as 
small.
---------------------------------------------------------------------------

    \22\ www.bts.gov/programs/airline_information/number_of_employees/
---------------------------------------------------------------------------

    The FAA had no corresponding employment data for part 135 and part 
91, subpart K, operators. The largest part 135 operator, however, had 
just 55 PICs, so the FAA infers that all 1,106 part 135 operators are 
small. The FAA also identified seven of the eight part 91, subpart K, 
operators as small on the basis of pilot numbers, the largest part 91, 
subpart K, operator identified as small having 378 pilots.
Description of the Projected Reporting, Recordkeeping and Other 
Compliance Requirements of the Proposed Rule
Reporting and Recordkeeping Requirements
    The proposed rule levies requirements that must be met by 
certificate holders who wish to offer or provide the ATP Certification 
Training Program. While requiring the gathering and maintaining of 
information and, in certain cases, the reporting of some of that 
information to the FAA, these sections require no additional burdens on 
the certificate holders beyond what is currently required by rule or 
that which is currently borne by certificate holders in regular 
practice. Exceptions to this are the following:
    a. One time development and submission of an ATP Certification 
Training Program to the FAA for approval.
    b. One time recordkeeping costs for pilot training records 
pertaining to completion of the ATP Certification Training Program.
Other Compliance Requirements
    Consistent with the requirements of the Act and based on some of 
the recommendations of the First Officer Qualifications Aviation 
Rulemaking Committee (FOQ ARC), this proposed rule would require the 
following:
    1. An ATP certificate for all pilots operating in part 121. The 
proposed requirement will retain the 1,500 hours total time as a pilot 
required for an ATP certificate but allow an ATP certificate with 
restricted privileges to be held by military pilots with 750 hours of 
flight experience and by baccalaureates from an aviation program who 
obtained their commercial pilot certificate with instrument rating from 
an affiliated part 141 pilot school and who have 1,000 hours of flight 
experience. The ATP with restricted privileges would allow a pilot to 
serve in part 121 air carrier operations as an SIC only. A first class 
medical certificate will remain the requirement for exercising the 
privileges of an ATP certificate (restricted or unrestricted). The 
minimum age for an ATP certificate with restricted privileges would be 
reduced to 21 years of age. The current requirement for an ATP 
certificate will remain at 23 years of age.
    2. A minimum of 50 hours of multiengine (ME) flight experience. 
This requirement would apply not just to pilots serving in part 121 
operations, but for all pilots who apply for an ATP certificate with an 
airplane category multiengine class rating. This would include PICs in 
part 135 air carrier operations that require the PIC to hold an ATP 
certificate, and PICs in part 91, subpart K, Fractional Ownership 
Programs, which require the PIC to hold an ATP certificate. The FOQ ARC 
also recommended 50 hours of multiengine time.
    3. An ATP Certification Training Program for applicants for an ATP 
certificate with an airplane category multiengine class rating or type 
rating. The FOQ ARC made a similar proposal. This is a foundational 
course that the FAA believes should be required at the certification 
level to address the gap in aeronautical knowledge of a commercial 
pilot and the knowledge a pilot should have prior to entering an air 
carrier environment. The course would include academic study as well as 
simulator flight training, including training in difficult operational 
conditions. This requirement will necessitate changes in the ATP 
knowledge and practical tests. In addition to all pilots in part 121 
operations, this requirement would apply to PICs in part 135 air 
carrier operations that require the PIC to hold an ATP certificate, and 
PICs in part 91, subpart K, Fractional Ownership Operations, which 
require the PIC to hold an ATP certificate.
    4. An aircraft type rating for all SICs serving in part 121 
operations. The FOQ ARC made the same recommendation. Current part 121 
requirements require only the PIC to hold an aircraft type rating. The 
FAA has determined that this requirement would improve safety in part 
121 operations by further exposing the pilot to an advanced multiengine 
aircraft and a multicrew environment. Also the training and testing for 
an aircraft type rating requires a pilot to be tested to the same 
standard as the PIC and demonstrate proficiency in difficult 
operational conditions, including adverse weather and high altitude 
operations.
    5. A minimum of 1,000 hours in air carrier operations to serve as 
PIC in part 121 operations. An unintended consequence of the Act's 
requirement for all part 121 pilots to hold an ATP certificate is that 
the natural mentoring of SICs may not occur. The 1,000-hour requirement 
would ensure that a pilot would have at least one full year of relevant 
operational experience before upgrading to PIC. The FAA proposes to 
allow a pilot to count SIC time in part 121 operations as well as PIC 
time in part 135 operations and in part 91, subpart K, Fractional 
Ownership Operations, that require an ATP certificate per the operating 
rule part.
    The FAA estimates that cost will be minimal for the requirement of 
50 hours

[[Page 12398]]

of ME time for the ATP with an airplane category multiengine class 
rating. As noted in the preamble above, multiengine hours are typically 
acquired while engaged in other commercial aviation activities such as 
flight instruction or part 135 air carrier operations on the way to 
obtaining the ATP. Airlines, currently post minimums for multiengine 
time from 50 hours to as much as 1,500 hours.\23\
---------------------------------------------------------------------------

    \23\ Kit Darby, President, www.KitDarby.com, Aviation 
Consulting, LLC, Peachtree City, GA.
---------------------------------------------------------------------------

    The FAA also estimates as minimal the costs of the requirement that 
a part 121 SIC have 1,000 hours of air carrier operating experience 
before upgrade from SIC to PIC. According to a survey of industry, the 
average number of years to upgrade is about 5 years for operators which 
use regional jet airplanes and/or turboprop airplanes (hereafter 
referred to as regional airlines) and more than 10 years for major 
airlines. Even without air carrier operating experience in part 135 or 
part 91, subpart K operations, at an average number of 750 flight hours 
a year, an SIC will accumulate the required hours in 1\1/3\ years.
    The table below summarizes the costs of the three remaining 
requirements:

                Table 14--Summary of Costs of the Proposed FOQ Rule--Part 121 Operators 2013-2032
----------------------------------------------------------------------------------------------------------------
                                                                  Regional airlines      Major & cargo airlines
                                                             ---------------------------------------------------
                                                               Total cost   PV cost ($   Total cost   PV cost ($
                                                                ($ mil.)      mil.)       ($ mil.)      mil.)
----------------------------------------------------------------------------------------------------------------
ATP Certification Training Program..........................        104.2         46.1        292.3        129.4
ATP (Practical Test)........................................  ...........          9.5  ...........         13.8
Type Rating.................................................  ...........          1.7  ...........          1.7
1500-Hour Flight Time Requirement...........................      1,575.2        558.7  ...........  ...........
                                                             ---------------------------------------------------
    Total...................................................      1,679.4        616.1        292.3        145.0
                                                             ---------------------------------------------------
Annualized Cost ($ Millions)................................  ...........         58.2  ...........         13.7
----------------------------------------------------------------------------------------------------------------

    These costs represent 98% of the total costs and 97% of the present 
value costs of the rule, as the ATP Certification Training Program is 
the only one of the three requirements that affect part 135 and part 
91, subpart K operators as well as part 121 operators. Costs are shown 
separately for regional airlines and all other airlines because of the 
strong differential impact on regional airlines.
    Costs of the ATP Certification Training Program are conservatively 
allocated by the percentage of pilots employed by the regional airlines 
(26.3%, 2010) even though the FAA believes that the impact of the 
program will fall heavily on the regionals. The cost of the ATP 
practical test and type rating for new pilots is allocated on the same 
basis. For current pilots, the cost of the ATP practical test and type 
rating is calculated separately for the regionals and the major and 
cargo airlines because the regionals have high percentages of SICs 
without ATP certificates (85%) and type ratings (90%), whereas the 
major and cargo airlines have correspondingly low percentages (15%, 
30%). The FAA allocates all of the costs of the ATP 1500-hour 
requirement to the regional airlines as almost all major and cargo 
airlines have currently (and traditionally) minimum hiring requirements 
of at least 1500 hours of flight time.\24\
---------------------------------------------------------------------------

    \24\ As noted in the earlier section entitled ``Total Costs and 
Benefits of This Proposed Rule'', the costs of the 1500-hour 
requirement are not costs of the proposed rule, but rather costs 
attributable to the Airline Safety Act of 2010 since the Act 
specifically requires the Administrator to maintain a minimum 
requirement of 1500 hours for an ATP certificate. The same point of 
course applies for the costs of the ATP test. Even including these 
costs in the regulatory flexibility analysis, however, we find that 
the impact of the proposed rule on small firms would be minimal.
---------------------------------------------------------------------------

Economic Impact on Small Entities
    Table 14 shows the annualized cost of the proposed rule to be $58.2 
million for regional airlines and $13.7 million for major and cargo 
airlines. (These costs include the costs of the 1500-hour requirement 
that we attribute to the statute, not the rule.) In order to assess the 
economic impact of the proposed rule on small firms, the FAA allocates 
these annualized costs to small firms on the basis of pilot numbers and 
calculate small firms' annualized costs as a percentage of the firms' 
average 5-year, 2005-2009 operating revenues.\25\ Of the 31 regional 
airlines, 10 are classified as small, but the FAA has operating revenue 
data for only one small regional airline, the economic impact for which 
is just 0.43%. For the 36 non-regional small firms for which the FAA 
has operating revenue data, the economic impact ranges from 0.00% to 
0.08%.
---------------------------------------------------------------------------

    \25\ Operating Revenue--www.transtat.bts.gov, Air Carrier 
Financial Reports (Form 41 Financial Data), Schedules P1.1 & P1.2. 
We average for as many of the five years of data as is available.
---------------------------------------------------------------------------

    For part 135 operators, the FAA has operating revenue data for only 
three firms, but as measured by number of PICs they encompass almost 
the entire size range of these operators (4 to 45 PICs). The economic 
impact on these firms is zero to at least two decimal places (0.00%). 
Similar results could be expected for part 91, subpart K, operators 
were data available.
    Based on these economic impact results, the FAA concludes that the 
proposed rule would not have a significant impact on a substantial 
number of firms. Therefore, the FAA certifies this proposed rule, if 
promulgated, would not have a significant impact on a substantial 
number of small entities. The FAA solicits comments regarding this 
determination. Specifically, the FAA requests comments on whether the 
proposed rule creates any specific compliance costs unique to small 
entities. Please provide detailed economic analysis to support any cost 
claims. The FAA also invites comments regarding other small entity 
concerns with respect to the proposed rule.
Duplicative, Overlapping or Conflicting Federal Rules
    There are no current Federal rules that duplicate, overlap, or 
conflict with this proposed certification rule. The FAA acknowledges 
that there are concurrent rulemaking initiatives which involve pilot 
training that have some overlap. While this rule is a certification 
training rule, not a part 121 training rule, it does propose some 
aeronautical knowledge requirements for an ATP certificate that are 
also found in the proposed air carrier training requirements, which the 
FAA intends to allow for some relief in the air carrier training. The 
proposed ATP certification requirements have a broader scope and

[[Page 12399]]

applicability beyond those pilots who are flying only in air carrier 
operations. The concepts to be learned at the certification level will 
be a pilot's first exposure and will enable a knowledge base to be 
established. For those pilots that then choose to enter air carrier 
operations, the air carrier training program can focus on building on 
those concepts with information for their specific operation and 
aircraft type.
    The proposed training rules referenced in the previous paragraph 
include a proposal to address pilot mentoring requirements required by 
Public Law 111-216 and an SNPRM for Qualification, Service, and Use of 
Crewmembers and Aircraft Dispatchers that proposes to amend the 
training requirements for crewmember and aircraft dispatcher training 
programs in domestic, flag, and supplemental operations. The SNPRM 
incorporates specific training areas identified in Public Law 111-216 
as well. The FAA acknowledges that the requirements for these proposals 
must be coordinated prior to the issuance of any final rules.
Alternatives to the Proposed Rule
    The FAA considered a number of alternatives to come up with the 
best proposal that will improve safety, meet pilot certification and 
qualification requirements imposed by Congress in Sections 216 and 217 
of the Airline Safety and Federal Aviation Extension Act of 2010 (Pub. 
L. 111-216), and be reasonable in cost. A discussion of the 
alternatives for each of the provisions follows.
    Section 216 requires all pilots in part 121 operations to hold an 
ATP certificate. This requirement will go into effect in August 2013 
regardless of FAA action and the FAA cannot change public law. 
Therefore, there are no alternatives to this requirement.
    Section 216 also requires that all flightcrew members in part 121 
operations to ``have appropriate multi-engine aircraft flight 
experience, as determined by the Administrator.'' Given the existing 
regulatory structure and the statutory requirement to revise the ATP 
certification requirements in Section 217, the FAA determined it was 
most appropriate to require a specific amount of time in class of 
airplane (single engine or multiengine) as a prerequisite to applying 
for an ATP certificate. The alternative would have been to impose an 
operational experience requirement for part 121. The FAA believes that 
50 hours as a minimum is appropriate and not unreasonable when compared 
to the total time required of 1,500 hours. Any cost associated with 
this proposal would be minimal and would be borne by individual pilots 
rather than small entities.
    In addition to the defined multiengine hour requirement in the 
proposal, the FAA proposes all SICs hold an aircraft type rating in the 
aircraft to be flown in part 121 operations. The FAA determined the 
most effective multiengine experience for a part 121 SIC would be the 
training required to achieve an aircraft type rating in the aircraft to 
be flown in revenue service. By requiring an aircraft type rating, the 
SIC would then be trained and checked in a multicrew air carrier 
environment to the same standard as the PIC. As noted above, the FAA 
anticipates that this provision would impose a minimal cost on all 
regulated entities.
    In Section 217 of the Act, Congress directed the FAA ``to modify 
requirements for the issuance of an airline transport pilot 
certificate'' to ensure pilots have specific skills including the 
ability to ``function effectively in adverse weather conditions'' and 
``function effectively in an air carrier operational environment.'' 
Currently, there are no training requirements for the ATP certificate. 
The public law allowed the FAA to consider academic training, flight 
training, or operational experience as a means of ensuring pilots have 
the identified skills. Given the existing regulatory structure and 
oversight capabilities, the FAA determined that validating operational 
experience would be overly burdensome on FAA inspectors and would 
require pilots to seek difficult operational conditions in an aircraft 
thereby increasing risk. Therefore, the FAA chose to do this by 
establishing training requirements for the ATP certificate, similar to 
those currently required for other airman certificates.
    The FAA is proposing academic and flight training requirements and 
evaluation of the pilot on those requirements through an enhanced 
knowledge test and practical test. The FAA is proposing a structured 
ATP certification training program that includes training in FSTDs 
under parts 121, 135, 141, or 142 rather than permitting instruction to 
be accomplished by certified flight instructors (CFIs) under part 61. 
Typically CFIs do not have air carrier experience and are not required 
under current regulations to have the knowledge that teaching the 
required concepts demands. As such, the FAA would have to modify the 
requirements for CFIs in addition to modifying the ATP certificate 
requirements to enable CFIs to teach the proposed course.
    The decision to propose the structured ATP Certification Training 
Program rather than permitting instruction to take place in actual 
aircraft under part 61 was also based on the fact that the areas 
identified in the public law are complex and involve difficult 
operational conditions including icing and high altitude operations. 
These complex environments are most safely trained through flight 
simulation. The FAA does not want pilots to seek potentially hazardous 
conditions in multiengine, multicrew aircraft just to obtain the 
experience requirements. In addition to the safety considerations, the 
FAA believes that the cost that would be incurred by pilots who 
received training from CFIs in part 61 would be prohibitively expensive 
due to the level of airplane that would be required for the training.
    The program hours for the ATP Certification Training Program were 
based on an assessment of the quantity and complexity of the subject 
matter. The FAA considered as an alternative revising the areas of 
operation listed in part 61 for the ATP certificate and adding or 
modifying the questions on the ATP knowledge test to include the 
subject areas in the statute. While this is a less costly alternative, 
it does not capture the intent of the statute. The pilot would not be 
required to receive training in these critical areas and could likely 
get most, if not all, questions on those topic areas wrong and still 
pass the written test.
    In addition, Section 217 of the Act permits the Administrator to 
allow ``specific academic training courses'' to be credited towards the 
1,500-hour requirement for an ATP certificate if the FAA determines 
that the academic courses enhance safety more than full compliance with 
the total hour requirement for an ATP certificate. While the FAA had 
the option to not propose an allowance for academic credit towards the 
time required for an ATP certificate, the FAA believes a combination of 
training and flight experience is what makes a candidate qualified to 
fly in part 121 operations. The FAA chose to allow credit for academic 
coursework accomplished in the military and by students pursuing 
aviation-related majors at four-year colleges or universities. There 
are numerous alternate scenarios that could be considered here, 
including different levels of credit for academic coursework and 
expanding the credit beyond the military and four-year colleges and 
universities.
    An applicant for an ATP certificate does not have to acquire any 
hours in

[[Page 12400]]

air carrier operations. Recognizing the potential loss of natural 
mentoring opportunities, the FAA proposed a requirement for a pilot to 
have at least 1,000 hours of air carrier experience prior to serving as 
PIC in part 121 operations. This provision is aimed at preventing two 
inexperienced pilots in air carrier operations from flying together in 
part 121 operations (e.g. PIC and SIC both have 1,500 hours and an ATP, 
but little experience in air carrier operations). The FAA could have 
chosen not to include this provision. As noted above, the FAA 
anticipates that this provision would impose a minimal cost on all 
regulated entities.

Initial Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. 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 proposed rule and determined that 
it would have only a domestic impact and therefore would not create 
unnecessary obstacles to the foreign commerce of the United States.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal 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 with the base year 1995) 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 inflation-adjusted value 
of $140.8 million.
    This proposed rule does not contain such a mandate. The 
requirements of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has 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 308(c) and involves no 
extraordinary circumstances.

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). The FAA has determined that it is 
not a ``significant regulatory action'' under the executive order 
because while it is a ``significant regulatory action'' under Executive 
Order 12866, and DOT's Regulatory Policies and Procedures, it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Additional Information

Comments Invited
    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The FAA also 
invites 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. To ensure the docket does not contain 
duplicate comments, please send only one copy of written comments, or 
if you are filing comments electronically, please submit your comments 
only one time.
    The FAA will file in the docket all comments we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. The FAA will consider comments filed after the comment period 
has closed if it is possible to do so without incurring expense or 
delay. The FAA may change this proposal in light of the comments we 
receive.
Availability of Rulemaking Documents
    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal Rulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number or notice number of this rulemaking.
    You may access all documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, from 
the Internet through the Federal Rulemaking Portal referenced in the 
ADDRESSES section.

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.

14 CFR Part 141

    Airmen, Educational facilities.

14 CFR Part 142

    Airmen, Educational facilities.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend 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(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

[[Page 12401]]

    2. Amend Sec.  61.1 as follows:
    A. Remove paragraph designations (b)(1) through (b)(19);
    B. Add new definitions of Accredited and Nationally recognized 
accrediting agency to paragraph (b) in alphabetical order to read as 
set forth below;
    C. Revise paragraph (iii) of the definition of Authorized 
instructor in paragraph (b) to read as set forth below;
    The additions and revisions read as follows:

Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    Accredited means the same as defined by the Department of Education 
in 34 CFR 600.2.
* * * * *
    Authorized instructor means--
* * * * *
    (iii) A person authorized by the Administrator to provide ground 
training or flight training under part 61, 121, 135, or 142 of this 
chapter when conducting ground training or flight training in 
accordance with that authority.
* * * * *
    Nationally recognized accrediting agency means the same as defined 
by the Department of Education in 34 CFR 600.2.
* * * * *
    3. Amend Sec.  61.35 by removing the word ``and'' at the end of 
paragraph (a)(1), redesignating paragraph (a)(2) as paragraph (a)(3), 
and adding a new paragraph (a)(2) to read as follows:

Sec.  61.35  Knowledge test: Prerequisites and passing grades.

    (a) * * *
    (2) After July 31, 2013, for the knowledge test for an airline 
transport pilot certificate with an airplane category multiengine class 
rating or type rating, a certificate of completion for the ATP 
certification training program specified in Sec.  61.154; and
* * * * *
    4. Amend Sec.  61.39 by revising paragraph (b) to read as follows:

Sec.  61.39  Prerequisites for practical tests.

* * * * *
    (b) To be eligible for a practical test for an airline transport 
pilot certificate with an airplane category multiengine class rating or 
type rating issued under this part, an applicant must:
    (1) After July 31, 2013, complete the ATP certification training 
program required by Sec.  61.154;
    (2) Pass the required knowledge test;
    (i) For those applicants who pass the knowledge test prior to 
August 1, 2013, those knowledge test results will expire on July 31, 
2015;
    (ii) For those applicants who pass the knowledge test after 
completing the ATP certification training program, the knowledge test 
results will expire 60 calendar months after the knowledge test was 
successfully completed.
    (3) Present the knowledge test report and, if applicable, the 
certificate of completion for the ATP certification training program in 
Sec.  61.154, at the time of application for the practical test;
    (4) Have satisfactorily accomplished the required training and 
obtained the aeronautical experience prescribed by this part for the 
certificate or rating sought;
    (i) If applying for the practical test under the aeronautical 
experience requirements of Sec.  61.160(a), the applicant must present 
the documents required by that section to substantiate eligibility;
    (ii) If applying for the practical test under the aeronautical 
experience requirements of Sec.  61.160(b), the applicant must present 
official transcripts from an accredited 4-year post secondary 
institution substantiating eligibility;
    (5) Hold at least a third-class medical certificate, if a medical 
certificate is required;
    (6) Meet the prescribed age requirement of this part for the 
issuance of the certificate or rating sought;
    (7) If applying for a type rating to be concurrently completed with 
an airline transport pilot certificate, have the endorsement required 
by Sec.  61.157(b) in the applicant's logbook or training record; and
    (8) Have a completed and signed application form.
* * * * *
    5. Amend Sec.  61.55 by revising paragraph (a) introductory text 
and by removing the phrase ``part 121,'' from paragraph (e) 
introductory text to read as follows:

Sec.  61.55  Second-in-command qualifications.

    (a) Except for pilots in part 121 operations after July 31, 2013, a 
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-in-command pilot flight crewmember only 
if that person holds:
* * * * *
    6. Amend Sec.  61.57 by revising paragraph (e)(2) to read as 
follows:

Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (e) * * *
    (2) This section does not apply to a pilot in command who is 
employed by an air carrier certificated under part 121 or 135 and is 
engaged in a flight operation under part 91, 121, or 135 for that air 
carrier if the pilot is in compliance with Sec. Sec.  121.435 or 
121.436, as applicable, and Sec.  121.439, or Sec. Sec.  135.243 and 
135.247 of this chapter, as appropriate.
* * * * *
    7. Amend Sec.  61.71 by redesignating paragraphs (b)(1) and (b)(2) 
as paragraphs (b)(2) and (b)(3), respectively, and by adding a new 
paragraph (b)(1) to read as follows:

Sec.  61.71  Graduates of an approved training program other than under 
this part: Special rules.

* * * * *
    (b) * * *
    (1) After July 31, 2013, satisfactorily completed the ATP 
certification training program specified in Sec.  61.154.
* * * * *
    8. Amend Sec.  61.153 as follows:
    A. Revise paragraph (a);
    B. Redesignate paragraphs (e) through (h) as paragraphs (f) through 
(i); and
    C. Add a new paragraph (e).
    The addition and revisions read as follows:

Sec.  61.153  Eligibility requirements: General.

* * * * *
    (a) Meet the following age requirements:
    (1) For an ATP certificate obtained under the aeronautical 
experience requirements of Sec.  61.159, be at least 23 years of age; 
or
    (2) For an ATP certificate obtained under the aeronautical 
experience requirements of Sec.  61.160, be at least 21 years of age.
* * * * *
    (e) After July 31, 2013, for an airline transport pilot certificate 
with an airplane category multiengine class rating or type rating, 
receive a certificate of completion from an authorized training 
provider certifying completion of the ATP certification training 
program specified in Sec.  61.154 before applying for the knowledge 
test required by paragraph (g) of this section;
* * * * *
    9. Add Sec.  61.154 to read as follows:

Sec.  61.154  ATP Certification training program: Airplane category--
multiengine class rating or aircraft type rating.

    After July 31, 2013, a person who applies for the knowledge test 
for an airline transport pilot certificate with an airplane category 
multiengine class rating or an aircraft type rating must

[[Page 12402]]

present a certificate of completion from an authorized training 
provider certifying the applicant has completed the following training 
in a course approved by the Administrator under part 121, 135, 141, or 
142 of this chapter.
    (a) Academic training. The applicant for the knowledge test must 
receive at least 24 hours of classroom instruction that includes the 
following:
    (1) At least 5 hours of instruction on high altitude operations, 
including aerodynamics and physiology;
    (2) At least 3 hours of instruction on meteorology, including 
adverse weather phenomena and weather radar; and
    (3) At least 12 hours of instruction on air carrier operations, 
including turbine engines, transport category aircraft performance, 
automation, communications, checklist philosophy, and operational 
control.
    (b) FSTD Training. The applicant for the knowledge test must 
receive at least 16 hours of training in a flight simulation training 
device qualified under part 60 of this chapter that represents a 
multiengine turbine airplane. The training must include the following:
    (1) At least 8 hours of training in a Level C or higher full flight 
simulator on
    (i) Low energy states/stalls;
    (ii) Upset recovery techniques; and
    (iii) Adverse weather conditions, including icing, thunderstorms, 
and crosswinds with gusts; and
    (2) At least 8 hours of training in a Level 4 or higher flight 
training device or a full flight simulator on
    (i) Aircraft performance;
    (ii) Navigation;
    (iii) Automation; and
    (iv) Crew resource management.
    10. Amend Sec.  61.155 as follows:
    A. Remove the word ``and'' after the semicolon in paragraph 
(c)(12);
    B. Remove the period from the end of paragraph (c)(13) and add the 
phrase ``; and'' in its place; and
    C. Add paragraphs (c)(14) and (d).
    The additions read as follows:

Sec.  61.155  Aeronautical knowledge.

* * * * *
    (c) * * *
    (14) After July 31, 2013, for airplane category multiengine class 
rating or aircraft type rating, the approved training course in Sec.  
61.154.
    (d) An applicant who successfully completes the knowledge test for 
an airline transport pilot certificate with an airplane category 
multiengine class rating or aircraft type rating prior to August 1, 
2013, must successfully complete the practical test for that category 
and class by July 31, 2015. An applicant who passes the knowledge test 
prior to August 1, 2013, but fails to successfully complete the 
practical test by July 31, 2015, must complete the ATP certification 
training program specified in Sec.  61.154 and retake the knowledge 
test prior to applying for the practical test.
    11. Amend Sec.  61.157 as follows:
    A. Remove the word ``and'' from after the semicolon in paragraph 
(a)(2)(i);
    B. Remove the period from the end of paragraph (a)(2)(ii) and add a 
semicolon in its place; and
    C. Add paragraph (a)(2)(iii).
    The addition reads as follows:

Sec.  61.157  Flight proficiency.

    (a) * * *
    (2) * * *
    (iii) After July 31, 2013, if applying for an airplane category 
multiengine class rating or aircraft type rating, the training 
requirements of Sec.  61.154.
* * * * *
    12. Amend Sec.  61.159 as follows:
    A. Redesignate paragraphs (a)(3) through (a)(5) as paragraphs 
(a)(4) through (a)(6);
    B. Add a new paragraph (a)(3);
    C. Remove the phrase ``paragraph (a)(3)(ii)'' from newly 
redesignated paragraph (a)(4)(i) and add the phrase ``paragraph 
(a)(4)(ii)'' in its place; and
    D. Remove the phrase ``paragraph (a)(3)'' from newly redesignated 
paragraph (a)(4)(ii) and add the phrase ``paragraph (a)(4)'' in its 
place.
    The addition reads as follows

Sec.  61.159  Aeronautical experience: Airplane category rating.

    (a) * * *
    (3) 50 hours of flight time in the class of aircraft for which the 
rating is sought. An applicant may receive credit for not more than 10 
hours in a full flight simulator that represents the class of airplane.
* * * * *
    13. Add Sec.  61.160 to read as follows:

Sec.  61.160  Aeronautical experience: Airplane category rating--
restricted privileges.

    A person may apply for an airline transport pilot certificate with 
an airplane category multiengine class rating if they meet the 
following aeronautical experience requirements.
    (a) A person who meets the eligibility requirements of Sec.  61.153 
and presents the evidentiary documents described in Sec.  61.73(h)(1), 
(2), and (3), may apply for an airline transport pilot certificate with 
a minimum of 750 hours of total time as a pilot that includes at least:
    (1) 250 hours of cross-country flight time.
    (2) 100 hours of night flight time.
    (3) 50 hours of flight time in a multiengine airplane. An applicant 
may receive credit for not more than 10 hours in a simulator that 
represents a multiengine airplane.
    (4) 75 hours of instrument flight time, in actual or simulated 
instrument conditions, subject to the following:
    (i) Except as provided in paragraph (a)(4)(ii) of this section, an 
applicant may not receive credit for more than a total of 25 hours of 
simulated instrument time in a flight simulator or flight training 
device.
    (ii) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight 
time requirements of paragraph (a)(4) of this section if the training 
was accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (iii) Training in a flight simulator or flight training device must 
be accomplished in a flight simulator or flight training device 
representing an airplane.
    (5) 250 hours of flight time in an airplane as a pilot in command, 
or as second in command performing the duties of pilot in command while 
under the supervision of a pilot in command, or any combination 
thereof, which includes at least--
    (i) 100 hours of cross-country flight time; and
    (ii) 25 hours of night flight time.
    (6) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section may be obtained in a 
flight simulator or flight training device that represents an airplane, 
provided the aeronautical experience was obtained in an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    (b) A person who holds a Bachelor's degree with an aviation major 
from an accredited 4-year postsecondary institution, as defined in 
Sec.  61.1, and holds a commercial pilot certificate with an airplane 
category and instrument rating obtained from an affiliated part 141 
pilot school may apply for an airline transport pilot certificate with 
a minimum of 1,000 hours of total time as a pilot that includes at 
least:
    (1) 325 hours of cross-country flight time.
    (2) 100 hours of night flight time.
    (3) 50 hours of flight time in a multiengine airplane. An applicant 
may receive credit for not more than 10 hours in a simulator that 
represents a multiengine airplane.

[[Page 12403]]

    (4) 75 hours of instrument flight time, in actual or simulated 
instrument conditions, subject to the following:
    (i) Except as provided in paragraph (a)(4)(ii) of this section, an 
applicant may not receive credit for more than a total of 25 hours of 
simulated instrument time in a flight simulator or flight training 
device.
    (ii) A maximum of 50 hours of training in a flight simulator or 
flight training device may be credited toward the instrument flight 
time requirements of paragraph (a)(4) of this section if the training 
was accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (iii) Training in a flight simulator or flight training device must 
be accomplished in a flight simulator or flight training device, 
representing an airplane.
    (5) 250 hours of flight time in an airplane as a pilot in command, 
or as second in command performing the duties of pilot in command while 
under the supervision of a pilot in command, or any combination 
thereof, which includes at least--
    (i) 100 hours of cross-country flight time; and
    (ii) 25 hours of night flight time.
    (6) Not more than 100 hours of the total aeronautical experience 
requirements of paragraph (a) of this section may be obtained in a 
flight simulator or flight training device that represents an airplane, 
provided the aeronautical experience was obtained in an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
    (c) A person who has performed at least 20 night takeoffs and 
landings to a full stop may substitute each additional night takeoff 
and landing to a full stop for 1 hour of night flight time to satisfy 
the requirements of paragraph (a)(2) of this section; however, not more 
than 25 hours of night flight time may be credited in this manner.
    (d) An airline transport pilot certificate obtained under this 
section is subject to the pilot in command limitations set forth in 
Sec.  61.168.
    14. Amend Sec.  61.165 as follows:
    A. Revise paragraph (c)(2);
    B. Redesignate paragraphs (c)(3) through (c)(5) as paragraphs 
(c)(4) through (c)(6);
    C. Add new paragraph (c)(3);
    D. Remove the phrase ``Sec.  61.159 of this part'' in newly 
redesignated paragraph (c)(5) and add the phrase ``Sec.  61.159 or 
Sec.  61.160'' in its place;
    E. Revise paragraph (e) introductory text and paragraph (e)(1);
    F. Redesignate paragraph (f) as paragraph (g);
    G. Add new paragraph (f);
    H. Remove the phrase ``paragraphs (a) through (e)'' from newly 
redesignated paragraph (g) introductory text and add the phrase 
``paragraphs (a) through (f)'' in its place; and
    I. Remove the phrase ``paragraph (f)(1)'' from newly redesignated 
paragraph (g)(3) and add the phrase ``paragraph (g)(1)'' in its place.
    The revisions and additions read as follows:

Sec.  61.165  Additional aircraft class category and ratings.

* * * * *
    (c) * * *
    (2) After July 31, 2013, successfully complete the ATP 
certification training program specified in Sec.  61.154;
    (3) Pass a knowledge test for an airplane category multiengine 
class rating or type rating on the aeronautical knowledge areas of 
Sec.  61.155(c);
* * * * *
    (e) Additional class rating within the same aircraft category. 
Except as provided in paragraph (f) of this section, a person applying 
for an airline transport pilot certificate with an additional class 
rating who holds an airline transport certificate in the same aircraft 
category must--
    (1) Meet the eligibility requirements of Sec.  61.153, except 
paragraph (g) of that section;
* * * * *
    (f) Adding a multiengine class rating or type rating to an airline 
transport pilot certificate with a single engine class rating. A person 
applying to add a multiengine class rating or airplane type rating to 
an airline transport pilot certificate with an airplane category single 
engine class rating must--
    (1) Meet the eligibility requirements of Sec.  61.153;
    (2) Pass a required knowledge test on the aeronautical knowledge 
areas of Sec.  61.155(c), as applicable to multiengine airplanes;
    (3) Comply with the requirements in Sec.  61.157(b), if applicable;
    (4) Meet the applicable aeronautical experience requirements of 
Sec.  61.159; and
    (5) Pass a practical test on the areas of operation of Sec.  
61.157(e)(2).
* * * * *
    15. Amend Sec.  61.167 by revising paragraph (b) introductory text 
to read as follows:

Sec.  61.167  Privileges.

* * * * *
    (b) A person who holds an airline transport pilot certificate and 
has met the aeronautical experience requirements of Sec.  61.159 of 
this part may instruct--
* * * * *
    16. Add Sec.  61.168 to read as follows:

Sec.  61.168  Limitations.

    (a) A person who holds an airline transport pilot certificate and 
has not satisfied the age requirement of Sec.  61.153(a)(1) and the 
aeronautical experience requirements of Sec.  61.159 may not act as 
pilot in command in operations under Sec.  91.1053(a)(2)(i) or Sec.  
135.243(a)(1) of this chapter, or in any operation conducted under part 
121 of this chapter.
    (b) An airline transport pilot certificate issued to a pilot who 
has not satisfied the requirements of Sec.  61.159 must contain the 
following limitation, ``Restricted in accordance with 14 CFR 
61.168(a)'' and ``Holder does not meet the pilot in command 
aeronautical experience requirements of ICAO.''
    (c) The pilot is entitled to an airline transport pilot certificate 
without the limitation specified in paragraph (b) of this section when 
the applicant presents satisfactory evidence of having met the 
aeronautical experience requirements of Sec.  61.159 and the age 
requirement of Sec.  61.153(a)(1).

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

    17. The authority citation for part 121 continues to read as 
follows:

    Authority:  49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.2.

    18. Amend Sec.  121.403 by adding paragraph (c) to read as follows:

Sec.  121.403  Training program: Curriculum.

* * * * *
    (c) Each certificate holder required to have a training program 
under this part may elect to provide the training required by Sec.  
61.154 of this chapter. If a certificate holder elects to provide the 
training in Sec.  61.154, that training must take place prior to 
initial training.
    19. Amend Sec.  121.409 by revising paragraph (b) introductory text 
to read as follows:

Sec.  121.409  Training courses using airplane simulators and other 
training devices.

* * * * *
    (b) Except for a training course approved to satisfy the 
requirements of Sec.  61.154 of this chapter, a course of training in 
an airplane simulator may be included for use as provided in Sec.  
121.441 if that course--
* * * * *
    20. Amend Sec.  121.412 by revising paragraphs (c) introductory 
text and (f)

[[Page 12404]]

introductory text and by adding paragraph (h) to read as follows:

Sec.  121.412  Qualifications: Flight instructors (airplane) and flight 
instructors (simulator).

* * * * *
    (c) Except as provided in paragraph (h) of this section, no 
certificate holder may use a person, nor may any person serve as a 
flight instructor (simulator) in a training program established under 
this subpart, unless, with respect to the airplane type involved, that 
person meets the provisions of paragraph (b) of this section, or--
* * * * *
    (f) Except for a training course approved to satisfy the 
requirements of Sec.  61.154 of this chapter, a flight instructor 
(simulator) must accomplish the following--
* * * * *
    (h) A person providing instruction in a flight simulation training 
device in a course approved to satisfy the requirements of Sec.  61.154 
of this chapter must hold an airline transport pilot certificate with 
an airplane category multiengine class rating, meet the aeronautical 
experience requirements of Sec.  61.159 of this chapter, and have at 
least 2 years of experience as a pilot in operations under Sec.  
91.1053(a)(2)(i) or Sec.  135.243(a)(1) of this chapter, or in any 
operation conducted under part 121 of this chapter. Additionally, 
instructors must have an appropriate aircraft type rating for the 
aircraft that the FSTD represents or have received instruction from the 
certificate holder on any maneuvers or concepts they will demonstrate 
in the FSTD.
    21. Amend Sec.  121.414 by revising paragraph (a) introductory text 
to read as follows:

Sec.  121.414  Initial and transition training and checking 
requirements: Flight instructors (airplane), Flight instructors 
(simulator).

    (a) Except for a training course approved to satisfy the 
requirements of Sec.  61.154 of this chapter, no certificate holder may 
use a person nor may any person serve as a flight instructor unless--
* * * * *
    22. Add Sec.  121.435 to read as follows:

Sec.  121.435   Pilot qualification: Certificate and experience 
requirements.

    (a) No pilot may act as pilot in command of an aircraft (or as 
second in command of an aircraft in a flag or supplemental operation 
that requires three or more pilots) unless he holds an airline 
transport pilot certificate and an appropriate type rating for that 
aircraft.
    (b) No certificate holder may use nor may any pilot act as a pilot 
in a capacity other than those specified in paragraph (a) of this 
section unless the pilot holds at least a commercial pilot certificate 
with appropriate category and class ratings for the aircraft concerned, 
and an instrument rating. Notwithstanding the requirements of Sec.  
61.63 (b) and (c) of this chapter, a pilot who is currently employed by 
a certificate holder and meets applicable training requirements of 
subpart N of this part, and the proficiency check requirements of Sec.  
121.441, may be issued the appropriate category and class ratings by 
presenting proof of compliance with those requirements to a Flight 
Standards District Office.
    (c) The requirements of this section will expire on July 31, 2013. 
After that date, the requirements of Sec.  121.436 apply.
    23. Add Sec.  121.436 to read as follows:

Sec.  121.436   Pilot qualification: Certificates and experience 
requirements.

    (a) No pilot may act as pilot in command of an aircraft unless he 
holds an airline transport pilot certificate, an appropriate aircraft 
type rating for the aircraft being flown, and has 1,000 hours as second 
in command in part 121 operations, pilot in command in operations under 
Sec.  91.1053(a)(2)(i) or Sec.  135.243(a)(1) of this chapter, or any 
combination thereof.
    (b) No certificate holder may use nor may any pilot act as second 
in command unless the pilot holds an airline transport pilot 
certificate and an appropriate aircraft type rating for the aircraft 
being flown. A pilot type rating obtained under Sec.  61.55 does not 
satisfy the requirements of this section.
    (c) Compliance with the requirements of this section is required by 
August 1, 2013.

Sec.  121.437  [Removed]

    24. Remove Sec.  121.437.

Appendix H to Part 121 [Amended]

    25. Amend Appendix H to Part 121 by removing the reference ``Sec.  
61.153(g)'' from the last paragraph of the appendix and adding the 
reference ``Sec.  61.153(h)'' in its place.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSON ONBOARD SUCH AIRCRAFT

    26. The authority citation for part 135 continues to read as 
follows:

    Authority:  49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722, 45101-45105.

    27. Amend Sec.  135.338 by revising paragraphs (b) introductory 
text, (c) introductory text, and (f) introductory text, and by adding 
paragraph (h) to read as follows:

Sec.  135.338  Qualifications: Flight instructors (aircraft) and flight 
instructors (simulator).

* * * * *
    (b) Except as provided in paragraph (h) of this section, no 
certificate holder may use a person, nor may any person serve as a 
flight instructor (aircraft) in a training program established under 
this subpart unless, with respect to the type, class, or category 
aircraft involved, that person--
* * * * *
    (c) Except as provided in paragraph (h) of this section, no 
certificate holder may use a person, nor may any person serve as a 
flight instructor (simulator) in a training program established under 
this subpart, unless, with respect to the type, class, or category 
aircraft involved, that person meets the provisions of paragraph (b) of 
this section, or--
* * * * *
    (f) Except for a training course approved to satisfy the 
requirements of Sec.  61.154 of this chapter, a flight instructor 
(simulator) must accomplish the following--
* * * * *
    (h) A person providing instruction in a flight simulation training 
device in a course approved to satisfy the requirements of Sec.  61.154 
of this chapter must hold an airline transport pilot certificate with 
an airplane category multiengine class rating, meet the aeronautical 
experience requirements of Sec.  61.159 of this chapter, and have at 
least 2 years of experience as a pilot in operations under Sec.  
91.1053(a)(2)(i) or Sec.  135.243(a)(1) of this chapter, or in any 
operation conducted under part 121 of this chapter. Additionally, 
instructors must have an appropriate aircraft type rating for the 
aircraft that the FSTD represents or have received instruction from the 
certificate holder on any maneuvers or concepts they will demonstrate 
in the FSTD.
    28. Amend Sec.  135.340 by revising paragraph (a) introductory text 
to read as follows:

Sec.  135.340  Initial and transition training and checking: flight 
instructors (aircraft), flight instructors (simulator).

    (a) Except for a training course approved to satisfy the 
requirements of Sec.  61.154 of this chapter, no certificate holder may 
use a person nor may any person serve as a flight instructor unless--
* * * * *
    29. Amend Sec.  135.341 by adding a sentence to the end of 
paragraph (a), redesignating paragraphs (c) and (d) as

[[Page 12405]]

paragraphs (d) and (e), and adding new paragraph (c) to read as 
follows:

Sec.  135.341  Pilot and flight attendant crewmember training programs.

    (a) * * * This deviation authority does not extend to the training 
provided under paragraph (c) of this section.
* * * * *
    (c) Each certificate holder required to have a training program by 
paragraph (a) of this section may elect to provide the training 
required by Sec.  61.154 of this chapter. If a certificate holder 
elects to provide the training in Sec.  61.154, that training must take 
place prior to the training curriculums set forth in paragraph (b) of 
this section.
* * * * *

PART 141--PILOT SCHOOLS

    30. The authority citation for part 141 continues to read as 
follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709, 
44711, 45102-45103, 45301-45302.

    31. Amend Sec.  141.33 by adding paragraph (a)(4) to read as 
follows:

Sec.  141.33  Personnel.

    (a) * * *
    (4) For a training course approved by the Administrator to satisfy 
the requirements of Sec.  61.154 of this chapter--
    (i) Each instructor used for ground training must hold an airline 
transport pilot certificate with an airplane category multiengine class 
rating.
    (ii) Each instructor used for training in a flight simulation 
training device must hold an airline transport pilot certificate with 
an airplane category multiengine class rating, meet the aeronautical 
experience requirements of Sec.  61.159 of this chapter, and have at 
least 2 years of experience as a pilot in operations under Sec.  
91.1053(a)(2)(i) or Sec.  135.243(a)(1) of this chapter, or in any 
operation conducted under part 121 of this chapter. Additionally, 
instructors must have an appropriate aircraft type rating for the 
aircraft that the FSTD represents or have received instruction from the 
certificate holder on any maneuvers or concepts they will demonstrate 
in the FSTD.
* * * * *
    32. Amend Appendix E to part 141 by revising section 1 to read as 
follows:

Appendix E to Part 141--Airline Transport Pilot Certification Course

    1. Applicability. (a) Except as provided in paragraph (b) of 
this section, this appendix prescribes the minimum curriculum for an 
airline transport pilot certification course under this part, for 
the following ratings:
    (1) Airplane single-engine.
    (2) Airplane multiengine.
    (3) Rotorcraft helicopter.
    (4) Powered-lift.
    (b) In addition to the requirements set forth in this appendix, 
an applicant for an airline transport pilot certificate with 
airplane category multiengine class rating must also satisfy the 
training requirements of Sec.  61.154 of this chapter.
* * * * *

PART 142--TRAINING CENTERS

    33. The authority citation for part 142 continues to read as 
follows:

    Authority:  49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.

    34. Amend Sec.  142.1 by revising paragraphs (a) and (b)(2) to read 
as follows:

Sec.  142.1  Applicability.

    (a) This subpart prescribes the requirements governing the 
certification and operation of training centers. Except as provided in 
paragraph (b) of this section, this part provides an alternative means 
to accomplish training required by parts 61, 63, 65, 91, 121, 125, 135, 
or 137 of this chapter.
    (b) * * *
    (2) Approved under subpart Y of part 121 of this chapter, Advanced 
Qualification Programs, for the authorization holder's own employees;
* * * * *
    35. Amend Sec.  142.3 by revising paragraph (3) of the definition 
of Course and the definition of Flight training equipment to read as 
follows:

Sec.  142.3  Definitions.

* * * * *
    Course means--
* * * * *
    (3) A curriculum, or curriculum segment, as defined in subpart Y of 
part 121 of this chapter.
* * * * *
    Flight training equipment means full flight simulators, as defined 
in Sec.  1.1 of this chapter, flight training devices, as defined in 
Sec.  1.1 of this chapter, and aircraft.
* * * * *
    36. Amend Sec.  142.47 as follows:
    A. Redesignate paragraphs (a)(3) through (a)(5) as paragraphs 
(a)(4) through (a)(6);
    B. Add new paragraph (a)(3);
    C. Add the phrase ``of part 61'' after the words ``subpart H'' in 
newly redesignated paragraph (a)(4);
    D. Remove the phrase ``paragraph (a)(5)(ii)'' from newly 
redesignated paragraph (a)(6)(i) and add in its place the phrase 
``paragraphs (a)(6)(ii) and (a)(6)(iii)'';
    E. Remove the phrase ``flight simulator or flight training device'' 
from newly redesignated paragraph (a)(6)(ii) and add in its place the 
phrase ``flight simulation training device (FSTD)'';
    F. Revise newly redesignated paragraph (a)(6)(iii); and
    G. Add paragraph (a)(6)(iv).
    The additions and revision read as follows:

Sec.  142.47  Training center instructor eligibility requirements.

    (a) * * *
    (3) For a training course approved by the Administrator to satisfy 
the requirements of Sec.  61.154 of this chapter, each instructor used 
for ground training must hold an airline transport pilot certificate 
with multiengine class rating.
* * * * *
    (6) * * *
    (iii) If instructing in an FSTD for a curriculum approved under 
Sec.  61.154 of this chapter, holds an airline transport pilot 
certificate with an airplane category multiengine class rating, meets 
the aeronautical experience requirements of Sec.  61.159 of this 
chapter, and has at least 2 years of experience as a pilot in 
operations under Sec.  91.1053(a)(2)(i) or Sec.  135.243(a)(1) of this 
chapter, or in any operation conducted under part 121 of this chapter. 
Additionally, instructors must have an appropriate aircraft type rating 
for the aircraft that the FSTD represents or have received instruction 
from the certificate holder on any maneuvers or concepts they will 
demonstrate in the FSTD; or
    (iv) Is employed as an FSTD instructor for a training center 
providing instruction and testing to meet the requirements of part 61 
of this chapter on August 1, 1996.
* * * * *
    37. Amend Sec.  142.49 by revising paragraph (c)(3)(iv) to read as 
follows:

Sec.  142.49  Training center instructor and evaluator privileges and 
limitations.

* * * * *
    (c) * * *
    (3) * * *
    (iv) If instructing or evaluating in an aircraft in flight while 
serving as a required crewmember, holds at least a valid second class 
medical certificate; and
* * * * *

Sec.  142.55  [Amended]

    38. Amend Sec.  142.55 as follows:
    A. In paragraph (a)(2), remove the phrase ``part 187'' and add in 
its place the phrase ``part 183''; and
    B. In paragraph (d), remove the phrase ``SFAR 58'' and add in its 
place the

[[Page 12406]]

phrase ``subpart Y of part 121 of this chapter''.

    Issued in Washington, DC, on February 22, 2012.
John W. McGraw,
Deputy Director, Flight Standards Service.
[FR Doc. 2012-4627 Filed 2-27-12; 4:15 pm]
BILLING CODE 4910-13-P
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