6164 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Proposed Rules 

May 8, 2009, specifies contacting Boeing for 

repair: Before further flight, repair the crack 

using a method approved in accordance with 

the procedures specified in paragraph (k) of 

this AD. 

(j) If any crack is found during any 

inspection of a temporary repair, before 

further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (k) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5233; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane. 

Issued in Renton, Washington, on January 

28, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2688 Filed 2–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61 and 121 

[Docket No. FAA–2010–0100; Notice No. 10– 

02] 

RIN 2120–AJ67 

New Pilot Certification Requirements 

for Air Carrier Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: This advance notice of 

proposed rulemaking requests public 

comment on possible changes to 

regulations relating to the certification 

of pilots conducting domestic, flag, and 

supplemental operations. The purpose 

of this notice is to gather information on 

whether current eligibility, training, and 

qualification requirements for 

commercial pilot certification are 

adequate for engaging in such 

operations. The FAA may use this 

information to determine the necessity 

of establishing additional pilot 

certification requirements and to 

determine what those new requirements 

might include. 

DATES: Send your comments on or 

before April 9, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0100 using any of the following 

methods: 

Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

• Hand Delivery: Bring 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. 

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 

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 

or 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. 

FOR FURTHER INFORMATION CONTACT: 

Craig Holmes, Certification and General 

Aviation Operations Branch, AFS–810, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

493–5385; e-mail to 

craig.holmes@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the initiatives in this 

document. The most helpful comments 

reference a specific question number, 

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. 

We 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 initiative, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

initiative in light of the comments we 

receive. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at 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. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. This 

ANPRM is promulgated under the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Proposed Rules 6165 

1On October 14, 2009, the U.S. House of 

Representatives passed bill H.R. 3371, the Airline 

Safety and Pilot Training and Improvement Act of 

2009. The bill is currently being considered by the 

Senate Committee on Commerce, Science, and 

Transportation. Under this bill, all flight 

crewmembers who are engaged in part 121 air 

carrier operations would be required to hold an 

ATP certificate. The bill includes a provision that 

would allow credit toward flight hours for an ATP 

certificate for specific academic training courses, if 

the Administrator determines that the academic 

training courses will enhance safety more than 

requiring full compliance with the flight hours 

requirement. 

authority described in 49 U.S.C. 

44701(a)(5), which requires the 

Administrator to promulgate regulations 

and minimum standards for other 

practices, methods, and procedures 

necessary for safety in air commerce and 

national security. 

Background 

The Federal Aviation Administration 

is initiating this rulemaking project to 

request recommendations from the 

public to improve pilot performance 

and professionalism, issues which were 

also highlighted in the Colgan Air (dba 

Continental Airlines Express) DHC–8 

accident that occurred on February 12, 

2009, outside of Buffalo, New York. The 

accident focused attention on whether a 

commercially-rated copilot in part 121 

operations receives adequate training. 

Specifically, does a copilot’s training 

include enough hours of training in 

various weather conditions to be able to 

recognize a potentially dangerous 

situation and respond in a safe and 

timely manner. The FAA requests 

recommendations on whether the 

existing flightcrew eligibility, training, 

and qualification requirements should 

be increased for commercial pilots 

engaged in part 121 operations. 

In issuing this ANPRM, the FAA 

notes that we are currently considering 

public comments to a notice of 

proposed rulemaking on the 

Qualification, Service, and Use of 

Crewmembers and Aircraft Dispatchers 

(74 FR 1280; January 12, 2009). It 

proposed to enhance traditional training 

programs for air carrier crewmember 

and dispatcher training by requiring the 

use of flight simulation training devices 

for flight crewmembers and including 

additional training requirements in 

areas that are critical to safety. That 

NPRM did not address basic 14 CFR 

part 61 pilot certification. This ANPRM 

is seeking comments on issues relating 

to basic part 61 pilot certification, not 

air carrier hiring or training 

requirements. Additionally, we are not 

seeking comment on other existing part 

121 requirements such as Pilot Record 

Improvement Act (PRIA), drug and 

alcohol testing, mentoring, or crew 

pairing. 

General Discussion and Request for 

Information 

In this ANPRM, the FAA requests 

comments and recommendations on the 

following concepts for the purpose of 

reviewing current pilot certification 

regulations. The sequence of these 

proposals does not reflect any specific 

FAA preference. When submitting 

comments on any of these concepts, 

please refer to the specific question 

number. 

1. Requirement for all pilots employed 

in part 121 air carrier operations to hold 

an Airline Transport Pilot (ATP) 

certificate with the appropriate aircraft 

category, class, and type rating, or meet 

the aeronautical experience 

requirements of an ATP certificate: 

Section 61.155 describes the 

aeronautical knowledge required to 

qualify for an ATP certificate. Section 

61.159 describes the aeronautical 

experience requirements, which specify 

a minimum of 1,500 flight hours. 

Currently, a pilot who serves as a 

Second-in-Command (SIC) pilot 

crewmember is required to hold an 

instrument rating and commercial pilot 

certificate. We request comments and 

recommendations on the following 

issues relating to the option of requiring 

ATP certificates for all pilot 

crewmembers in part 121 air carrier 

operations: 

1A. Should the FAA require all pilot 

crewmembers engaged in part 121 air 

carrier operations to hold an ATP 

certificate? Why or why not? 

1B. If a part 121 air carrier pilot does 

not hold an ATP certificate, should he 

or she nevertheless be required to meet 

the ATP certificate aeronautical 

knowledge and experience requirements 

of § 61.159, even if he or she is serving 

as SIC? Why or why not? 

2. Academic Training as a Substitute 

for Flight Hours Experience: 

The FAA seeks public comment on 

the concept of permitting academic 

credit in lieu of required flight hours or 

experience.1 In particular, we request 

comments on the following issues: 

2A. Are aviation/pilot graduates from 

accredited aviation university degree 

programs likely to have a more solid 

academic knowledge base than other 

pilots hired for air carrier operations? 

Why or why not? 

2B. Should the FAA consider 

crediting specific academic study in lieu 

of flight hour requirements? If so, what 

kind of academic study should the FAA 

accept, and to what extent should 

academic study (e.g., possession of an 

aviation degree from an accredited fouryear aviation program) substitute for 

flight hours or types of operating 

experience? 

2C. If the FAA were to credit 

academic study (e.g., possession of an 

aviation degree from an accredited fouryear aviation program and/or 

completion of specific courses), should 

the agency still require a minimum 

number of flight hours for part 121 air 

carrier operations? Some have suggested 

that, regardless of academic training, the 

FAA should require a minimum of 750 

hours for a commercial pilot to serve as 

SIC in part 121 operations. Is this 

number too high, or too low, and why? 

3. Endorsement for Air Carrier 

Operations: 

The FAA believes that, although the 

flight hours required to qualify for an 

ATP certificate can benefit pilots, 

experience is not measured in flight 

time alone. Other factors, such as 

certain types of academic training, 

practical training/experience, and 

experience in a crew environment, are 

also important. A pilot’s skills and 

abilities may also be enhanced by 

exposure to specific operational 

conditions, including icing, high 

altitude operations, and other areas 

common to part 121 air carrier 

operations. 

An endorsement on a commercial 

pilot certificate may be an option for 

addressing concerns about the 

operational experience of newly-hired 

pilots engaged in air carrier/commercial 

operations. Under this concept, a 

commercial pilot would not be able to 

serve as a required pilot in part 121 air 

carrier operations without having 

obtained an endorsement attesting to 

successful completion of additional 

training and qualified operating 

experience. 

The FAA is therefore considering the 

creation of a 14 CFR 61.31 endorsement 

for a commercial pilot certificate that 

would require specific ground and flight 

training, as well as additional 

experience in specific areas, in order to 

receive part 121 air carrier operating 

privileges. The additional training for 

the endorsement could include 

operating experience in a crew 

environment, training and exposure to 

icing, and flight experience in high 

altitude operations. The current 

§ 61.31(g) endorsement for additional 

training for operating pressurized 

aircraft capable of operating at high 

altitudes might serve as a model. 

Additionally, the FAA may consider the 

type-specific aircraft training 

endorsement in § 61.31(h) as a model. 

The FAA believes that an endorsement 

approach would target specific skill sets 

needed for part 121 operations, and 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

6166 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Proposed Rules 

establish the associated standards for 

content and quality of training. The 

FAA notes that the endorsement option 

would also eliminate the time-based 

requirements that aviation universities 

argue is not a reasonable requirement 

for graduates of their four-year aviation 

degree programs. 

We request comments on the 

following issues regarding the 

possibility of establishing an 

endorsement for SIC privileges in part 

121: 

3A. Should the FAA propose a new 

commercial pilot certificate 

endorsement that would be required for 

a pilot to serve as a required pilot in 

part 121 air carrier operations? Why or 

why not? 

3B. If so, what kinds of specific 

ground and flight training should the 

endorsement include? 

3C. The FAA expects that a new 

endorsement would include additional 

flight hour requirements. At a 

minimum, the FAA requests comments 

on how many hours should be required 

beyond the minimum hours needed to 

qualify for a commercial pilot 

certificate. Some have suggested that the 

FAA require a minimum of 750 hours 

for a commercial pilot to serve as SIC in 

part 121 operations. Is this number too 

high, or too low, and why? 

3D. The FAA is considering proposing 

to require operating experience in a 

crew environment, in icing conditions, 

and at high altitude operations. What 

additional types of operating experience 

should an endorsement require? 

3E. Should the FAA credit academic 

training (e.g., a university-awarded 

aviation degree) toward such an 

endorsement and, if so, how might the 

credit be awarded against flight time or 

operating experience? We are especially 

interested in comments on how to 

balance credit for academic training 

against the need for practical operating 

experience in certain meteorological 

conditions (e.g., icing), in high-altitude 

operations, and in the multi-crew 

environment. 

4. New additional authorization on an 

existing pilot certificate: 

The FAA may also consider proposing 

a new authorization on a commercial 

pilot certificate for any pilot employed 

as a required flight crewmember for part 

121 operations. This new authorization 

would be limited to a specific part 121 

operator, and would be issued only after 

the pilot successfully completed that 

part 121 operator’s approved training 

and qualification program. The pilot 

would surrender this authorization 

upon leaving the employ of the specific 

part 121 operator. The purpose of such 

an authorization would be to ensure that 

each air carrier has provided its pilot 

employees with the training and 

qualifications specific to its operating 

environment (e.g., aircraft, routes, 

meteorological conditions). The FAA 

seeks comments on the following 

question: 

4A. Would a carrier-specific 

additional authorization on an existing 

pilot certificate improve the safety of 

part 121 operations? Why or why not? 

4B. Should the authorization apply 

only to a pilot who holds a commercial 

certificate, or should it also apply to the 

holder of an ATP certificate? 

4C. Should such an authorization 

require a minimum number of flight 

hours? If so, how many hours should be 

required? 

5.Other actions: 

The FAA is seeking comment on 

whether existing monitoring, 

evaluation, information collection 

requirements, and enforcement 

associated with current pilot 

performance could be modified to 

achieve improved pilot performance. 

5A. Can existing monitoring, 

evaluation, information collection 

requirements, and enforcement 

associated with pilot performance be 

modified to improve pilot performance? 

5B. If so, what specific modifications 

should be considered? 

Regulatory Notices 

A. Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

We are soliciting comments on the 

potential costs and benefits on the 

initiatives in this ANPRM. This ANPRM 

has been reviewed by the Office of 

Management and Budget and is 

considered ‘‘significant’’ under the 

Department of Transportation’s 

Regulatory Policies and Procedures. 

B. Executive Order 13132 (Federalism) 

This ANPRM has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). Any rulemaking 

proposal resulting from this notice 

would not propose any regulations that 

would (1) have a substantial direct effect 

on the States, the relationship between 

the national government and the States, 

or the distribution of power and 

responsibilities among the various 

levels of government, (2) impose 

substantial direct compliance costs on 

State and local governments, or (3) 

preempt state law. 

Therefore, the consultation and 

funding requirements of Executive 

Order 13132 do not apply. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review rulemakings to assess their 

impact on small entities unless the 

agency determines that a rule is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. We invite comment to facilitate 

our assessment of the potential impact 

that these initiatives may have on small 

entities. 

Issued in Washington, DC, on February 2, 

2010. 

John M. Allen, 

Director, Flight Standards Service. 

[FR Doc. 2010–2643 Filed 2–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts, 1, 31, and 301 

[REG–101896–09] 

RIN 1545–Bl66 

Basis Reporting by Securities Brokers 

and Basis Determination for Stock 

Correction 

In proposed rule document E9–29855 

beginning on page 67010 in the issue of 

Thursday, December 17, 2009, make the 

following corrections: 

1. On page 67020, in the second 

column, under heading 13., in the 

second line, ‘‘exempt’’, should read 

‘‘except’’. 

§1.6045B–1 [Corrected] 

2. On page 67041, in §1.6045B– 

1(f)Example 1(iii), in the fifth line, 

‘‘sites’’ should read ‘‘site’’. 

[FR Doc. C1–2009–29855 Filed 2–5–10; 8:45 am] 

BILLING CODE 1505–01–D 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS