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

retained. This technical edit will correct 

that error. In addition, the FAA is 

renumbering § 61.13(a)(2)(ii) as 

§ 61.13(a)(3), and § 61.13(a)(3) as 

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

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

numbering. 

Because the amendment corrects an 

error and imposes no new burden, the 

FAA finds that the notice and public 

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

unnecessary. Because the changes in 

this technical amendment result in no 

substantive change, the FAA finds good 

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

make the amendment effective in less 

than 30 days. 

List of Subjects in 14 CFR Part 61 

Aircraft, Airmen, Aviation safety. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

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

45103, 45301–45302. 

■ 2. Amend § 61.13 by revising 

paragraph (a) to read as follows: 

§ 61.13 Issuance of airman certificates, 

ratings, and authorizations. 

(a) Application. (1) An applicant for 

an airman certificate, rating, or 

authorization under this part must make 

that application on a form and in a 

manner acceptable to the Administrator. 

(2) An applicant must show evidence 

that the appropriate fee prescribed in 

appendix A to part 187 of this chapter 

has been paid when that person applies 

for airmen certification services 

administered outside the United States. 

(3) An applicant who is neither a 

citizen of the United States nor a 

resident alien of the United States may 

be refused issuance of any U.S. airman 

certificate, rating or authorization by the 

Administrator. 

(4) Except as provided in paragraph 

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

satisfactorily accomplishes the training 

and certification requirements for the 

certificate, rating, or authorization 

sought is entitled to receive that airman 

certificate, rating, or authorization. 

* * * * * 

Issued in Washington, DC, under the 

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

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

Lirio Liu, 

Director, Office of Rulemaking. 

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

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 121, and 135 

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

61–130B, 121–365A, 135–127A] 

RIN 2120–AJ67 

Pilot Certification and Qualification 

Requirements for Air Carrier 

Operations; Technical Amendment 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The FAA is correcting a final 

rule published on July 15, 2013 (78 FR 

42324). In that rule, the FAA amended 

its regulations to create new 

certification and qualification 

requirements for pilots in air carrier 

operations. The FAA unintentionally 

required without notice and comment a 

pilot serving as a second in command in 

part 135 commuter operations to have 

an airline transport pilot certificate and 

an aircraft type rating, and a pilot in 

command in part 135 commuter 

operations to have 1,000 hours of air 

carrier experience. This document 

corrects those errors and makes several 

additional miscellaneous corrections. 

DATES: Effective Date: December 24, 

2013. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

correction contact Barbara Adams, Air 

Transportation Division, AFS–200, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8166; facsimile (202) 267–5299, 

email barbara.adams@faa.gov. 

For legal questions concerning this 

correction contact Anne Moore, Office 

of the Chief Counsel—International 

Law, Legislation, and Regulations 

Division, AGC–240, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3123; facsimile 

(202) 267–7971, email anne.moore@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2013, the FAA published 

a final rule entitled, ‘‘Pilot Certification 

and Qualification Requirements for Air 

Carrier Operations’’ (78 FR 42324). In 

that final rule, which became effective 

July 15, 2013, the FAA revised the pilot 

certificate requirements for a second in 

command (SIC) in part 121 operations. 

Specifically, § 121.436(a) requires a 

pilot in command to have an airline 

transport pilot (ATP) certificate, an 

aircraft type rating for the aircraft flown, 

and 1,000 hours of air carrier experience 

obtained as SIC in part 121 operations, 

as pilot in command (PIC) in operations 

conducted under §§ 135.243(a)(1), as 

PIC in operations conducted under 

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

thereof. Section 121.436(b) requires the 

SIC to hold an ATP certificate and an 

aircraft type rating for the airplane 

flown. 

The FAA intended these certification 

requirements to apply only to pilots 

serving in part 121 operations. Existing 

§ 135.3 states, however, that each 

certificate holder that conducts 

commuter operations under part 135 

with airplanes in which two pilots are 

required by the aircraft type certificate 

shall comply with subparts N and O of 

part 121 instead of the requirements of 

subparts E, G, and H of part 135. 

Because the certification requirements 

in § 121.436 are located in subpart O of 

part 121, a PIC serving in part 135 

commuter operations in airplanes that 

require two pilots by type certificate 

would be required by reference to 

comply with the new 1,000-hour air 

carrier experience requirement. 

Likewise, an SIC in those operations 

would now be required by reference to 

hold an ATP certificate and an aircraft 

type rating. The FAA did not discuss 

this issue in the preamble to the final 

rule nor did the FAA intend to impose 

this requirement on part 135 commuter 

operations. 

Technical Amendment 

Because the FAA did not intend to 

impose additional requirements on PICs 

and SICs serving in part 135 commuter 

operations that require two pilots by 

type certificate, the FAA is revising 

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

135 commuter operations does not need 

to comply with § 121.436(b) but may 

continue to hold a commercial pilot 

certificate with an instrument rating. 

The FAA is also amending § 121.436(a) 

to make clear that the 1,000 hour air 

carrier experience requirement applies 

only to PICs in part 121 operations. 

The FAA is also making a number of 

minor corrections that have been 


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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 77573 

identified since publication of the final 

rule. The FAA is amending § 61.35 to 

clarify the age requirements for 

applicants who take the knowledge test 

for an ATP certificate with an airplane 

category multiengine class rating prior 

to August 1, 2014. The final rule 

established that applicants who take the 

knowledge test for an ATP certificate 

with an airplane category multiengine 

rating on or after August 1, 2014, must 

be at least 18 years old. 14 C.F.R. 

§ 61.35(a)(3)(iii)(B). This age was 

established by subtracting 60 months, 

which will be the validity period for the 

ATP multiengine knowledge test, from 

the minimum age of 23 for an 

unrestricted ATP certificate. Although 

discussed in guidance materials, § 61.35 

is silent with regard to the age 

requirement for applicants who take the 

existing ATP knowledge test before 

August 1, 2014. This amendment 

clarifies that an applicant for an ATP 

knowledge test taken prior to August 1, 

2014, which has a validity period of 24 

months, must be at least 21 years of age. 

The FAA is also revising 

§ 61.39(a)(1)(ii) to clarify that the 60- 

month expiration period for the 

knowledge test for an ATP certificate 

with a multiengine class rating applies 

to knowledge tests taken after July 31, 

2014. As noted in the preamble to the 

final rule, the FAA is revising the ATP 

knowledge test to incorporate the new 

aeronautical knowledge areas in the 

airline transport pilot certification 

training program (ATP CTP). 78 FR 

42324, 42342. Although applicants for 

the knowledge test may complete the 

ATP CTP prior to August 1, 2014, the 

revised knowledge test upon which the 

60-month expiration date is based will 

not be available until August 1, 2014. As 

such, the FAA has added the relevant 

date to § 61.39(a)(1)(ii) for clarity. All 

knowledge tests for the ATP certificate 

taken prior to August 1, 2014, will 

continue to have a 24-month expiration 

date. 

The FAA is making two clarifying 

amendments to § 61.159. Section 

61.159(a)(3) is revised to clarify that the 

25 hours of aeronautical experience in 

a full flight simulator must be 

appropriate to the class of aircraft (e.g. 

multiengine-land) for the rating sought. 

Section 61.159(a)(6) is revised to clarify 

that applicants for the restricted 

privileges ATP certificate may credit 

100 hours of time accomplished in flight 

simulation training devices (full flight 

simulators and flight training devices) 

toward the total aeronautical experience 

requirements in § 61.160. As currently 

written, § 61.159(a)(6) could be 

construed as allowing only applicants 

for an ATP certificate under the 

aeronautical experience requirements in 

§ 61.159 to credit time in a flight 

simulation training device. It was not 

the FAA’s intention to prevent 

applicants for the restricted privileges 

ATP certificate from utilizing that 

provision. 

The FAA is clarifying in § 61.165(f)(2) 

that applicants seeking to add a 

multiengine class rating to an ATP 

certificate with a single engine class 

rating are only required to take a new 

knowledge test after July 31, 2014—the 

date that the new knowledge test that 

incorporates the aeronautical knowledge 

areas specific to the ATP CTP will be 

available. 

Finally, the FAA is correcting two 

cross-reference errors. In § 61.167, the 

FAA is correcting the reference in 

paragraph (a)(2)(ii) to reflect paragraph 

(a)(2)(i) rather than (b)(1). The FAA is 

also revising § 135.341(a) by replacing 

the reference to paragraph (c) with the 

proper reference to § 135.336. 

Because these amendments clarify 

existing requirements and result in no 

substantive change, the FAA finds that 

the notice and public procedures under 

5 U.S.C. 553(b) are unnecessary. For the 

same reason, the FAA finds good cause 

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

the amendments effective in less than 

30 days. 

List of Subjects 

14 CFR Part 61 

Aircraft, Airmen, Aviation safety. 

14 CFR Part 121 

Air carriers, Aircraft, Airmen, 

Aviation safety. 

14 CFR Part 135 

Air taxis, Aircraft, Airmen, Aviation 

safety. 

Correcting Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration is 

amending chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

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

45103, 45301–45302. 

■ 2. Amend § 61.35 by revising 

paragraph (a)(3) to read as follows: 

§ 61.35 Knowledge test: Prerequisites and 

passing grades. 

(a) * * * 

(3) Proper identification at the time of 

application that contains the 

applicant’s— 

(i) Photograph; 

(ii) Signature; 

(iii) Date of birth, which shows: 

(A) For issuance of certificates other 

than the ATP certificate with an 

airplane category multiengine class 

rating, the applicant meets or will meet 

the age requirements of this part for the 

certificate sought before the expiration 

date of the airman knowledge test 

report; 

(B) Prior to August 1, 2014, for 

issuance of an ATP certificate with an 

airplane category multiengine class 

rating under the aeronautical experience 

requirements of §§ 61.159 or 61.160, the 

applicant is at least 21 years of age at 

the time of the knowledge test; and 

(C) After July 31, 2014, for issuance of 

an ATP certificate with an airplane 

category multiengine class rating 

obtained under the aeronautical 

experience requirements of §§ 61.159 or 

61.160, the applicant is at least 18 years 

of age at the time of the knowledge test; 

(iv) If the permanent mailing address 

is a post office box number, then the 

applicant must provide a current 

residential address. 

* * * * * 

■ 3. Amend § 61.39 by revising 

paragraph (a)(1)(ii) to read as follows: 

§ 61.39 Prerequisites for practical tests. 

(a) * * * 

(1) * * * 

(ii) Within the 60-calendar month 

period preceding the month the 

applicant completes the practical test 

for those applicants who complete the 

airline transport pilot certification 

training program in § 61.156 and pass 

the knowledge test for an airline 

transport pilot certificate with a 

multiengine class rating after July 31, 

2014; 

* * * * * 

■ 4. Amend § 61.159 by revising 

paragraphs (a)(3) and (a)(6) to read as 

follows: 

§ 61.159 Aeronautical experience: Airplane 

category rating. 

(a) * * * 

(3) 50 hours of flight time in the class 

of airplane for the rating sought. A 

maximum of 25 hours of training in a 

full flight simulator representing the 

class of airplane for the rating sought 

may be credited toward the flight time 

requirement of this paragraph if the 

training was accomplished as part of an 

approved training course in parts 121, 

135, 141, or 142 of this chapter. A flight 

training device or aviation training 


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77574 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Rules and Regulations 

device may not be used to satisfy this 

requirement. 

* * * * * 

(6) Not more than 100 hours of the 

total aeronautical experience 

requirements of paragraph (a) of this 

section or § 61.160 may be obtained in 

a full flight simulator or flight training 

device provided the device represents 

an airplane and the aeronautical 

experience was accomplished as part of 

an approved training course in parts 

121, 135, 141, or 142 of this chapter. 

* * * * * 

■ 5. Amend § 61.165 by revising 

paragraph (f)(2) to read as follows: 

§ 61.165 Additional aircraft category and 

class ratings. 

* * * * * 

(f) * * * 

(2) After July 31, 2014, pass a required 

knowledge test on the aeronautical 

knowledge areas of § 61.155(c), as 

applicable to multiengine airplanes; 

* * * * * 

§ 61.167 [Amended] 

■ 6. Amend § 61.167 by removing the 

phrase ‘‘paragraph (b)(1)’’ from 

paragraph (a)(2)(ii) and adding the 

phrase ‘‘paragraph (a)(2)(i)’’ in its place. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 7. The authority citation for part 121 

continues to read as follows: 

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

40119, 41706, 44101, 44701–44702, 44705, 

44709–44711, 44713, 44716–44717, 44722, 

46105.2. 

■ 8. Amend § 121.436 by revising 

paragraph (a)(3) to read as follows: 

§ 121.436 Pilot qualification: Certificates 

and experience requirements. 

(a) * * * 

(3) If serving as pilot in command in 

part 121 operations, has 1,000 hours as 

second in command in operations under 

this part, pilot in command in 

operations under § 91.1053(a)(2)(i) of 

this chapter, pilot in command in 

operations under § 135.243(a)(1) of this 

chapter, or any combination thereof. For 

those pilots who are employed as pilot 

in command in part 121 operations on 

July 31, 2013, compliance with the 

requirements of this paragraph (a)(3) is 

not required. 

* * * * * 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 9. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 41706, 

40113, 44701–44702, 44705, 44709, 44711– 

44713, 44715–44717, 44722, 45101–45105. 

■ 10. Amend § 135.3 by revising 

paragraph (b) to read as follows: 

§ 135.3 Rules applicable to operations 

subject to this part. 

* * * * * 

(b) Each certificate holder that 

conducts commuter operations under 

this part with airplanes in which two 

pilots are required by the type 

certification rules of this chapter shall 

comply with subparts N and O of part 

121 of this chapter instead of the 

requirements of subparts E, G, and H of 

this part. Notwithstanding the 

requirements of this paragraph, a pilot 

serving under this part as second in 

command in a commuter operation with 

airplanes in which two pilots are 

required by the type certification rules 

of this chapter may meet the 

requirements of § 135.245 instead of the 

requirements of § 121.436. 

* * * * * 

§ 135.341 [Amended] 

■ 11. Amend § 135.341 by removing the 

phrase ‘‘paragraph (c) of this section’’ 

from paragraph (a) and adding the 

phrase ‘‘§ 135.336’’ in its place. 

Issued in Washington, DC under the 

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

44701(a) and Secs. 216–217, Public Law 111– 

216, 124 Stat. 2348 on December 18, 2013 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2013–30603 Filed 12–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1218 

Safety Standard for Bassinets and 

Cradles; Correction 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The United States Consumer 

Product Safety Commission 

(Commission) is correcting a final rule 

that appeared in the Federal Register of 

October 23, 2013 (78 FR 63019). The 

document established a standard for 

bassinets and cradles that incorporates 

by reference ASTM F2194–13, with 

certain modifications. The Commission 

is correcting two references to sections 

of ASTM F2194–13. 

DATES: Effective on April 23, 2014. 

FOR FURTHER INFORMATION CONTACT: 

William Dewgard, Directorate for 

Compliance, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7599; wdewgard@cpsc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission published a final rule 

establishing a standard for bassinets and 

cradles that incorporates by reference 

ASTM F2194–13, with certain 

modifications. In FR Doc. 2013–24023, 

appearing on page 63019 in the Federal 

Register of October 23, 2013, two 

references to sections of ASTM F2194– 

13 were not correct. 

The following corrections are made: 

§ 1218.2 [Corrected] 

■ 1. On page 63034, in the third column, 

in § 1218.2, in paragraph (b)(1)(i), ‘‘In 

addition, bassinet/cradle attachments to 

cribs or play yards, as defined in 3.1.2 

or 3.1.12, are included in the scope of 

the standard when in the bassinet/

cradle use mode.’’ is corrected to read: 

‘‘In addition, bassinet/cradle 

attachments to cribs or play yards, as 

defined in 3.1.2 or 3.1.13, are included 

in the scope of the standard when in the 

bassinet/cradle use mode.’’ 

■ 2. On page 63035, in the second 

column, in § 1218.2, in paragraph 

(b)(5)(vi), ‘‘The bassinet bed shall not tip 

over and shall retain the CAMI newborn 

dummy when tested in accordance with 

7.12.5.3.’’ is corrected to read: ‘‘The 

bassinet bed shall not tip over and shall 

retain the CAMI newborn dummy when 

tested in accordance with 7.12.4.3.’’ 

Dated: December 18, 2013. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2013–30527 Filed 12–23–13; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM13–7–000; Order No. 793] 

Protection System Maintenance 

Reliability Standard 

AGENCY: Federal Energy Regulatory 

Commission. 


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