Pilot Certification and Qualification Requirements for Air Carrier Operations; Technical Amendment

AGENCY:

Federal Aviation Administration, DOT.

ACTION:

Final rule; technical amendment.

SUMMARY:

The FAA is correcting a final rule published on July 15, 2013. In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment that if a certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, a pilot serving as a second in command in part 135 for that certificate holder is required to have an airline transport pilot certificate and an aircraft type rating. This document corrects those errors and makes several additional miscellaneous corrections to part 61 and a cross-reference error in part 121.

DATES:

Effective: January 4, 2016.

FOR FURTHER INFORMATION CONTACT:

Barbara Adams, Air Transportation Division, AFS-200, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email barbara.adams@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

On July 15, 2013, the FAA published a final rule entitled, “Pilot Certification and Qualification Requirements for Air Carrier Operations” (78 FR 42324). In that final rule, which became effective July 15, 2013, the FAA revised the pilot certificate requirements for a second in command (SIC) in part 121 operations. Section 121.436(b) requires the SIC to hold an ATP certificate and an aircraft type rating for the airplane flown.

The FAA intended these certification requirements to apply only to pilots serving in part 121 operations. Existing § 135.3(c) states, however, that if authorized by the Administrator upon application, each certificate holder that conducts operations under part 135 to which § 135.3(b) does not apply, may comply with the applicable sections of subparts N and O of part 121 instead of the requirements of subparts E, G, and H of part 135.

Each certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, is required to comply with Subparts N and O of part 121. Because the certification requirements in § 121.436 are located in subpart O of part 121, an SIC in those operations is now required by reference to hold an ATP certificate and an aircraft type rating. The FAA did not discuss this issue in the preamble to the final rule nor did the FAA intend to impose this requirement on certificate holders conducting part 135 operations who have voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements.

Technical Amendment

Because the FAA did not intend to impose additional requirements on SICs serving in part 135 operations in which the certificate holder has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, the FAA is revising § 135.3(c) to clarify that an SIC in those part 135 operations does not need to comply with § 121.436(b) but may continue to hold a commercial pilot certificate with an instrument rating.

The FAA is also making three minor corrections that have been identified since publication of the final rule. In § 61.155(d), the FAA is making it clear that the training required by § 61.156 is only required for those pilots seeking an ATP certificate in the airplane category with a multiengine class rating. In § 61.165(f)(2), the FAA is clarifying that a knowledge test applicable to multiengine airplanes is required only if the pilot does not have valid ATP airplane knowledge test results that were taken prior to August 1, 2014. This correction is necessary to be consistent with the eligibility requirements in § 61.153, which is referenced in § 61.165(f)(1). The FAA notes that until July 31, 2016, pilots will be able to use the same ATP-airplane knowledge test with passing results taken prior to August 1, 2014, for both the ATP airplane single-engine class rating and multiengine class rating practical tests. In § 61.167(a)(2), the FAA is correcting the inadvertent exclusion of helicopter pilots that hold an ATP certificate in the rotorcraft category from the privilege of instructing.

Finally, the FAA is correcting a cross-reference error. In § 121.431, the FAA is correcting the cross-reference in paragraph (a)(1) to reflect § 135.244 rather than § 135.344.

Because these amendments clarify existing requirements and result in no substantive change, the FAA finds that the notice and public procedures under 5 U.S.C. 553(b) are unnecessary. For the same reason, the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the amendments effective in less than 30 days.

List of Subjects

14 CFR Part 61

• Aircraft
• Airmen
• Aviation safety

14 CFR Part 121

• Air carriers
• Aircraft
• Airmen
• Aviation safety

14 CFR Part 135

• Air taxis
• Aircraft
• Airmen
• Aviation safety

Correcting Amendment

In consideration of the foregoing, the Federal Aviation Administration is amending chapter I of title 14, Code of Federal Regulations as follows:

PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

1. The authority citation for part 61 continues to read as follows:

Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 44709-44711, 44729, 45102-45103, 45301-45302.

2. In § 61.155, revise paragraph (d) to read as follows:

3. In § 61.165, revise paragraph (f)(2) to read as follows:

4. In § 61.167, revise paragraph (a)(2) introductory text to read as follows:

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

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

Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note).

8. In § 121.431, revise paragraph (a)(1) to read as follows:

PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

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

Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

10. In § 135.3, revise paragraph (c) to read as follows: