[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Rules and Regulations]
[Page 45263-45272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-14]
[[Page 45263]]
-----------------------------------------------------------------------
Part VI
Department of Transportation
-----------------------------------------------------------------------
Federal Aviation Administration
-----------------------------------------------------------------------
14 CFR Part 61
Second-in-Command Pilot Type Rating; Final Rule
[[Page 45264]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2004-19630; Amendment No. 05-113]
RIN 2120-AI38
Second-in-Command Pilot Type Rating
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is amending its pilot certification regulations to
establish a second-in-command (SIC) pilot type rating and associated
qualifying procedures. This final rule is needed to conform FAA pilot
type rating requirements to the International Civil Aviation
Organization pilot type rating standards. The intended effect of this
action is to allow U.S. flight crews to continue to operate in
international airspace without the threat of being grounded for not
holding the appropriate pilot type rating.
DATES: This final rule becomes effective on September 6, 2005.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification Branch,
AFS-840, General Aviation and Commercial Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-3844 or via the Internet at:
john.d.lynch@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You may get an electronic copy of this rulemaking document by using
the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the FAA home page at http://www.faa.gov; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.
You may also get a copy of this rulemaking document 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 amendment number or docket
number of this rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. If you are a small entity and you have a
question regarding this document, you may contact your local FAA
official, or the person listed under the FOR FURTHER INFORMATION
CONTACT section of this document. You can find out more about SBREFA on
the Internet at http://www.faa.gov/avr/arm/sbrefa.cfm.
Authority for This Rulemaking
The Department of Transportation (DOT) has the responsibility,
under the laws of the United States, to develop transportation policies
and programs that contribute to providing fast, safe, efficient, and
convenient transportation (49 U.S.C. 101). The Federal Aviation
Administration (FAA) is an agency of DOT. The Administrator of the FAA
has general authority to issue rules regarding aviation safety (49
U.S.C. 106(g) and 44701). When an individual is found to be qualified
for, and physically able to perform, certain duties, including those
associated with flying and navigating an aircraft, the FAA issues an
airman certificate. The airman certificate must specify the capacity in
which the holder of the certificate may serve with respect to an
aircraft (49 U.S.C. 44703). It is relevant to this rulemaking to also
point out that, in carrying out their duties, the Secretary of
Transportation and the Administrator of the FAA must act consistently
with obligations of the United States Government under an international
agreement (49 U.S.C. 40105).
This final rule establishes an SIC pilot type rating and associated
qualifying procedures. This enables qualified individuals to have the
FAA specify on their airman certificate that they can act as second in
command with respect to certain aircraft. Before this action,
individuals who were qualified to act as second in command did not have
a way of indicating their achievement on their airman certificate.
Under the Convention on International Civil Aviation, as discussed
below, the FAA pilot type rating requirements need to conform to the
International Civil Aviation Organization pilot type rating standards
to be recognized by other countries. For these reasons, this rule is a
reasonable and necessary exercise of the FAA's rulemaking authority and
obligations.
Background
The Convention on International Civil Aviation (61 Stat. 1180),
which was signed at Chicago, Illinois, on December 7, 1944 (the
Convention), is an international treaty that establishes certain
principles and arrangements to ensure that international civil aviation
develops in a safe and orderly manner and operates soundly and
economically. The Member States who signed the Convention, including
the United States, agreed to keep their regulations governing civil
aviation, to the greatest possible extent, consistent with those
established under the Convention (Article 12). The International Civil
Aviation Organization (ICAO) is the entity established by the
Convention to set international regulatory standards. Concerning pilots
and flight crew members, the Member States agreed to mutually recognize
each others' certificates of competency and licenses if the
requirements for the certificates or licenses are equal to or above the
minimum standards established under the Convention (Article 33). If a
Member State finds it impracticable to comply with an ICAO standard or
bring its regulations into full accord with an ICAO standard, or adopts
regulations different from an ICAO standard, it must notify ICAO of the
difference (Article 38).
The United States had filed a difference with ICAO concerning our
SIC qualification requirements under 14 CFR 61.55 versus ICAO's type
ratings standards for the SIC pilot flight crewmember position (See
ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A). The difference between
the FAA's requirements and the ICAO standards was that the FAA did not
issue a pilot type rating for the SIC pilot flight crewmember position.
Although the U.S. SIC qualifications require initial and annual
recurrent knowledge and flight training and ICAO does not, as a result
of not issuing SIC pilot type ratings, some foreign civil aviation
authorities (European and Caribbean) had notified the FAA and U.S.
flight crews that they intended to enforce the ICAO type rating
standards for SIC pilot crewmembers when U.S. flight crews operate in
their airspace. This could have resulted in U.S. flight crews being
grounded. To resolve this situation, the FAA issued a notice of
proposed rulemaking (NPRM) on November 16, 2004 (69 FR 67258) and
proposed to establish SIC type ratings on U.S. airmen certificates.
We received 49 comments in response to the NPRM. About half the
commenters supported the proposal. About one quarter of commenters
opposed it. Another one quarter of commenters had specific questions
about the proposed procedures for issuing the SIC pilot type rating.
[[Page 45265]]
Twenty-four of the comments came from individual concerned citizens.
Twenty-five of the comments came from organizations, including
Ameristar Air Cargo, Inc.; Dow Chemical Company; American Airlines;
SimuFlite; Aircraft Owners and Pilots Association; Air Transport
Association of America; Delta Airlines; National Business Aviation
Association, Inc.; the Airline Pilots Association; the General Aviation
Manufacturers Association; and the National Air Carrier Association.
Discussion of the Final Rule
The FAA is amending its regulations to provide for the issuance of
a pilot type rating for SIC privileges when a person completes the SIC
pilot familiarization training set forth under 14 CFR 61.55(b). This
final rulemaking action conforms U.S. SIC qualification requirements
under 14 CFR 61.55 with the ICAO standards under Annex 1, paragraphs
2.1.3.2 and 2.1.4.1.A and eliminates the U.S. difference on file with
ICAO.
The final rule does not require the SIC pilot type rating for
domestic flight operations within United States airspace. For the
purposes of this final rule, ``domestic flight operations within United
States airspace'' means flight:
Between any points within the 48 contiguous States of the
United States or the District of Columbia;
Operations solely within the 48 contiguous States of the
United States or the District of Columbia;
Operations entirely within any State, territory, or
possession of the United States; and
Flights within the Hawaiian Islands.
(Readers should note however, that pilots must comply with the SIC
qualifications and training requirements of 14 CFR 61.55, if
applicable.)
The final rule requires pilots who plan to fly outside U.S.
airspace and land in foreign countries to obtain the SIC pilot type
rating. We also recommend having the SIC pilot type rating when flying
over or into airspace controlled by a foreign civil aviation authority
that requires it. This would include not only flights to foreign
destinations, but also flights where there is the potential to land in
a foreign country (for example, a flight from Newark, NJ to Anchorage,
AK that crosses Canadian airspace could result in an emergency landing
in Canada).
The final rule establishes two procedures for obtaining the SIC
pilot type rating. Under final Sec. 61.55(d), an individual who
satisfactorily completes the SIC familiarization training requirements
of 14 CFR 61.55(b) may apply for and receive a pilot type rating for
SIC privileges in a particular aircraft type. The SIC familiarization
training requirements are not new and have not been changed under this
final rule. Under final Sec. 61.55(e), an individual who
satisfactorily completes an approved SIC training program or
proficiency check under parts 121, 125, or 135 may apply for and
receive a pilot type rating for SIC privileges in a particular aircraft
type. In both cases, the aircraft must be certificated for operations
with a minimum crew of at least two pilots. These two procedures are
described in more detail below.
Completion of SIC Familiarization Training
A pilot seeking an SIC pilot type rating based on the SIC
familiarization training under Sec. 61.55(b) must follow the
application process described under final Sec. 61.55(d). The applicant
must complete the training in the aircraft in which the pilot is
applying for SIC pilot type rating privileges, and the aircraft must be
certificated for operations with a minimum crew of at least two pilots.
In response to several comments requesting clarification of the
application and certification process that was described in the
preamble of the NPRM, the FAA has further defined the application and
certification process and added it to final Sec. 61.55(d).
Final Sec. 61.55(d)(1)--The SIC pilot type rating applicant must
receive the familiarization training under Sec. 61.55(b) from a
qualified pilot in command [See Sec. 61.31(a)] or an authorized flight
instructor who holds the aircraft type rating on his/her pilot
certificate [See Sec. 61.31(a) and Sec. 61.195(b)]. The ground
training under Sec. 61.55(b)(1) may be given by an authorized advanced
ground instructor [See Sec. 61.215(b)], authorized flight instructor,
or qualified pilot in command. The person who provided the training
(the trainer) must sign the applicant's logbook or training record
after each lesson in accordance with Sec. 61.51(h)(2). For instance,
the logbook or training record must specify the type and amount of
training given.
In lieu of the trainer, a qualified management official within the
trainer's organization can sign the applicant's flight experience and/
or training records or logbook and make the required endorsement. The
qualified management official, however, must hold the position of Chief
Pilot, Director of Training, Director of Operations, or another
comparable management position within the organization, and the
management official must be in a position to verify the applicant's
training records and that the training was given.
Final Sec. 61.55(d)(2)--The trainer or qualified management
official must make an endorsement in the applicant's logbook that
states ``[Applicant's Name and Pilot Certificate Number] has
demonstrated the skill and knowledge required for the safe operation of
the [Type of Aircraft], relevant to the duties and responsibilities of
a second-in-command.''
Final Sec. 61.55(d)(3)--In the case of training records that are
electronically maintained, the applicant must present written copies of
those records containing the signature of the trainer to the FAA FSDO
or Examiner. In lieu of the trainer, a qualified management official
within the trainer's organization can verify the training and can
provide the instructor's signature and make the required endorsement.
Final Sec. 61.55(d)(4)--The applicant must complete and sign an
Airman Certificate and/or Rating Application, FAA Form 8710-1, and
present the application to a FAA Flight Standards District Office
(FSDO) or to an Examiner. The Examiner must have the authority to
conduct practical tests for pilot certification. However, because this
process is purely an administrative action and no practical test is
required, the Examiner need not hold authorization in the type of
aircraft in which the pilot is applying for SIC pilot type rating
privileges.
Final Sec. 61.55(d)(5)--The trainer of the ground and flight
training must sign the ``Instructor's Recommendation'' section of the
Airman Certificate and/or Rating Application, FAA Form 8710-1. In lieu
of the trainer, a qualified management official within the trainer's
organization may sign the applicant's FAA Form 8710-1.
Final Sec. 61.55(d)(6)--The applicant must appear in person at a
FAA FSDO or to an Examiner with his or her logbook/training records and
with the completed and signed FAA Form 8710-1.
The FAA FSDO or Examiner must review the SIC pilot type rating
applicant's logbook/training record to ensure completion of the
required SIC training and endorsements. An Aviation Safety Inspector,
Aviation Safety Technician, or Examiner must inform the applicant that
the SIC Privileges Only limitation may only be removed if the applicant
completes the appropriate training and pilot type rating practical test
for pilot-in-command (PIC) qualification [See Sec. 61.63(d) or Sec.
61.157(b), as appropriate].
The FAA FSDO or Examiner completes the application and issues the
[[Page 45266]]
applicant a temporary pilot certificate for a SIC pilot type rating
with the appropriate aircraft type rating with the limitation ``SIC
Privileges Only.'' For example, an applicant who has accomplished the
Sec. 61.55(b) SIC familiarization training in a Cessna 500 would
receive a temporary pilot certificate that reads as follows:
COMMERCIAL PILOT CERTIFICATE
Airplane Single Engine Land
Airplane Multiengine Land
Instrument Airplane
CE500 SIC Privileges Only
The FAA FSDO forwards the application and newly issued temporary
pilot certificate to the FAA Airman Certification Branch, AFS-760. If
the application is made through an Examiner, the Examiner forwards the
FAA Form 8710-1 application and newly issued temporary pilot
certificate to the Examiner's jurisdictional FAA FSDO who sends the
application and file to the FAA Airman Certification Branch, AFS-760.
The FAA Airman Certification Branch processes the SIC pilot type
rating application and temporary pilot certificate and issues the
applicant a permanent pilot certificate.
Final Sec. 61.55(d)(7)--There is no practical test required for
the issuance of the ``SIC Privileges Only'' pilot type rating.
Part 121, 125, or 135 SIC Training or Proficiency Check
A person who completes an FAA-approved SIC training curriculum
under 14 CFR part 121 or 135 or a proficiency check under 14 CFR part
125 in the aircraft for which SIC pilot type rating privileges are
sought is entitled to receive that pilot type rating for SIC
privileges. The applicant must complete the training in the aircraft in
which the pilot is applying for SIC pilot type rating privileges, and
the aircraft must be certificated for operations with a minimum crew of
at least two pilots. In response to several comments requesting
clarification of the application and certification process that was
described in the preamble of the NPRM, the FAA has further defined the
application and certification process and added it to final Sec.
61.55(e).
Final Sec. 61.55(e)(1)--The trainer must sign the applicant's
logbook or training record after each lesson in accordance with Sec.
61.51(h)(2). For instance, the logbook or training record must specify
the type and amount of training given. In lieu of the trainer, a
qualified management official within the trainer's organization can
sign the applicant's training records or logbook and make the required
endorsement. The qualified management official, however, must hold the
position of Chief Pilot, Director of Training, Director of Operations,
or another comparable management position within the organization, and
the management official must be in a position to verify the applicant's
training records and that the training was given.
Final Sec. 61.55(e)(2)--The trainer or qualified management
official must make an endorsement in the applicant's logbook that
states ``[Applicant's Name and Pilot Certificate Number] has
demonstrated the skill and knowledge required for the safe operation of
the [Type of Aircraft], relevant to the duties and responsibilities of
a second-in-command.''
Final Sec. 61.55(e)(3)--In the case of flight experience and/or
training records that are electronically maintained, the applicant must
present copies of those records containing the signature of the trainer
to the FAA FSDO or Examiner (may also be known in air carrier training
programs as an Aircrew Program Designee or ``APD''). In lieu of the
trainer, a qualified management official within the trainer's
organization can verify the training and can provide the instructor's
signature and make the required endorsement.
Final Sec. 61.55(e)(4)--The applicant must complete and sign an
Airman Certificate and/or Rating Application, FAA Form 8710-1, and
present the application to an FAA FSDO or to an Examiner or an
authorized Aircrew Program Designee. The Examiner Aircrew Program
Designee must have authority to conduct practical tests for pilot
certification. However, because this process is purely an
administrative action and no practical test is required, the Examiner/
Aircrew Program Designee need not hold authorization in the type of
aircraft in which the pilot is applying for SIC pilot type rating
privileges.
Final Sec. 61.55(e)(5)--The trainer of the ground and flight
training must sign the ``Instructor's Recommendation'' section of the
Airman Certificate and/or Rating Application, FAA Form 8710-1. In lieu
of the trainer, a qualified management official within the trainer's
organization may sign the applicant's FAA Form 8710-1.
Final Sec. 61.55(e)(6)--The applicant must appear in person at a
FAA FSDO or to an Examiner or to an authorized Aircrew Program Designee
with his or her logbook/training records and with the completed and
signed FAA Form 8710-1.
The FAA FSDO or Examiner or authorized Aircrew Program Designee
reviews the SIC pilot type rating applicant's logbook and/or training
record for ensuring completion of the required training and
endorsements. An Aviation Safety Inspector, Aviation Safety Technician,
Examiner, or authorized Aircrew Program Designee must inform the
applicant that the SIC Privileges Only limitation may only be removed
if that applicant completes the appropriate type rating practical test
for PIC qualification.
Final Sec. 61.55(e)(7)--There is no practical test required for
the issuance of the ``SIC Privileges Only'' type rating.
The FAA FSDO or Examiner or authorized Aircrew Program Designee
completes the application and issues the applicant a temporary pilot
certificate for an SIC pilot type rating with the appropriate aircraft
type rating with the limitation ``SIC Privileges Only.'' For example,
an applicant who accomplishes SIC training in a Boeing 737 will receive
a temporary pilot certificate that reads as follows:
COMMERCIAL PILOT CERTIFICATE
Airplane Single Engine Land
Airplane Multiengine Land
Instrument Airplane
B-737 SIC Privileges Only
The FAA FSDO forwards the application and newly issued temporary
pilot certificate to the FAA Airman Certification Branch, AFS-760. If
the application is made through an Examiner or authorized Aircrew
Program Designee, the Examiner/authorized Aircrew Program Designee
forwards the application and newly issued temporary pilot certificate
to their jurisdictional FAA FSDO who sends the application and file to
the FAA Airman Certification Branch, AFS-760.
The FAA Airman Certification Branch processes the SIC pilot type
rating applicant's application and temporary pilot certificate and
issues the applicant a permanent pilot certificate.
The FAA anticipates that many pilots have already completed SIC
training, whether it was through Sec. 61.55(b) SIC familiarization
training or through an FAA-approved SIC training curriculum under 14
CFR parts 121 or 135 or a proficiency check under 14 CFR part 125.
Therefore, many pilots will be making application for an SIC pilot type
rating based on past completion of SIC pilot training or a proficiency
check. The procedures for making such an application will follow the
same processes described earlier. The only difference is that
applicants who completed their SIC training prior to the FAA issuing
this rule will be required to show compliance with either the
[[Page 45267]]
initial or recurrent SIC training within the 12 calendar months before
the month of application for an SIC pilot type rating.
The following examples illustrate how the rule applies to pilots
who already completed their SIC training:
Example No. 1: The date is June 30, 2005, and the final rule for
issuing SIC pilot type ratings became effective on January 30, 2005.
An applicant completed initial Sec. 61.55(b) SIC pilot
familiarization training in a Cessna 500 on August 6, 1998. The
applicant last completed recurrent Sec. 61.55(b) SIC pilot
familiarization training in a Cessna 500 on August 6, 2000. This
applicant is not eligible to apply for a SIC pilot type rating for
the Cessna 500 because the applicant did not complete recurrent SIC
familiarization training within the 12 calendar months before the
month of application. Specifically, if applying on June 30, 2005,
the training had to occur in the period of May 1, 2004 through June
30, 2005.
Example No. 2: The date is June 30, 2005, and the final rule for
issuing SIC pilot type ratings became effective on January 30, 2005.
An applicant completed initial part 121 SIC pilot training in a
Boeing 737 on August 6, 1998. The applicant completed part 121 SIC
pilot recurrent requirements in a Boeing 737 every 12 calendar
months, including as recently as December 13, 2004. This applicant
may apply for a SIC pilot type rating for the B737 because the
recurrent training was completed within the 12 calendar months
before the month of application (that is, it was completed in
December 2004 and the month and year of application is June 2005).
Example No. 3: The date is June 5, 2005, and the final rule for
issuing SIC pilot type ratings became effective on January 30, 2005.
An applicant completed a part 125 SIC proficiency check in a
Gulfstream IV on June 23, 2004. This applicant may apply for an SIC
pilot type rating for the Gulfstream IV because the part 125 SIC
proficiency check was completed within the 12 calendar months before
the month of application (i.e., SIC training was last completed in
June 2004 and the month and year of application is June 2005 in this
example).
Example No. 4: The date is December 5, 2005, and the final rule
for issuing SIC pilot type ratings became effective on January 30,
2005. An applicant completed initial Sec. 61.55(b) SIC
familiarization in a Lear 60 on August 6, 1990. The applicant next
shows completion of Sec. 61.55(b) SIC familiarization training in a
Lear 60 on January 23, 2005. This applicant may apply for an SIC
pilot type rating for the Lear 60 because the recurrent SIC
familiarization training was completed within the 12 calendar months
before the month of application (that is, SIC training was last
completed in January 2005 and the month and year of application is
December 2005).
Discussion of Comments
Supporting Comments
Commenters cited several reasons for their support of the proposal,
including--
The proposal does not require training in addition to that
already required.
The proposed procedures are not unnecessarily burdensome
or costly to the pilot community.
Pilots who fly only within U.S. airspace do not need an
SIC pilot type rating.
BellSouth Corporate Aviation and Travel Services voiced full
support of requiring type certification for aircraft requiring two
pilots. The commenter stated that the ever-increasing complexity and
demands found in today's high performance cockpits do not safely
present a learning environment. The second in command must be a fully
trained professional acting as an integral part of team in place to
monitor systems, look for traffic, figure takeoff and landing data, and
navigate a National Airspace System that is much more complex than in
years past. The crew must do all of this, plus more and still safely
fly the aircraft. Aviation is a profession where certification is a
minimum, and on-the-job training in the cockpit is unsafe and
unacceptable.
In general, the FAA agrees with the comment. However, we believe
the operating experience acquired under the supervision of an air
carrier's check airman is an extremely valuable element in the
qualification process. We did not consider reducing this requirement.
Dow Chemical Company voiced support for NPRM with the understanding
that the proposed rulemaking would allow a part 91 second-in-command to
present proof of SIC training to the FAA FSDO and receive the
appropriate SIC pilot type rating.
Essentially, Dow Chemical Company's statement is correct. However,
as a point of clarification, the applicant must comply with the
requirements in final Sec. 61.55(d), which address the training,
instructor endorsement, and application process, to be eligible to
apply for an SIC pilot type rating.
Applicability of the Rule
Both the Aircraft Owners and Pilots Association and the National
Business Aviation Association, Inc. expressed support for the NPRM, but
wanted clarification on the wording of proposed Sec. 61.55(a)(3)
because what the FAA stated in the proposed rule did not parallel what
the FAA provided as explanation in the preamble. The NPRM preamble said
as long as a person operates within the airspace of the United States,
the person would not have to hold the proposed SIC pilot type rating.
On the other hand, proposed 61.55(a)(3) seems to require it of
everyone.
The FAA agrees with the commenters and revised final Sec.
61.55(a)(3) to require the SIC pilot type rating only ``if the flight
is outside the airspace of the United States and its jurisdictional
territories.''
One commenter requested clarification whether part 91 SIC pilots
(corporate or private carriage, or fractional ownership) are covered by
the new rules.
The final rule applies to part 91 SIC pilots involved in private
carriage and fractional ownership.
International Agreements
Several individual commenters opposed the proposal because they do
not believe ICAO should be allowed to impose its standards on U.S.
aviation rules and its citizens. The FAA understands the concerns of
citizens who do not want the FAA to impose burdensome rules that
unnecessarily restrict them and the aviation industry just to conform
our rules to international standards. However, the FAA believes that
the commenters may not understand the legal requirements that the
Chicago Convention imposes on all Member States in relation to ICAO
standards. The Member States who signed the Convention, including the
United States, agreed to keep their regulations governing civil
aviation, to the greatest possible extent, consistent with those
established under the Convention. The International Civil Aviation
Organization is the entity established by the Convention to set
international regulatory standards. The FAA has a legal duty to act
consistently with obligations of the United States Government under an
international agreement (49 U.S.C. 40105). The purpose of this final
rule is to enable our flight crews to conform to ICAO Annex 1,
paragraphs 2.1.5.2 and paragraphs 2.1.3.2 and 2.1.4.1.A and the rules
of foreign civil aviation authorities when operating outside of United
States airspace. Most commenters recognize that the rule provides a
simple process for issuing the SIC pilot type rating and conforms to
our existing SIC training and certification requirements without undue
burden on our pilots and the aviation industry.
Need for a Practical Test
SimuFlite commented that issuance of the SIC privileges type rating
requires a person to submit to a practical test instead of just
completing training. International Business Aviation Council identified
two issues with the proposed amendment to 14 CFR 61.55 that may
[[Page 45268]]
not meet the requirements of Annex 1. First, while the proposal
addresses most of the requirements for ``experience'' as stated in ICAO
Annex 1, paragraph 2.1.5.2.a) in that these are covered in general
terms by Sec. 61.55(b)(1) and (2), it does not adequately address the
skill requirement that is specified in ICAO Annex 1, paragraph
2.1.5.2.b) as to ``demonstrate the skill and knowledge required for the
safe operation of the applicable aircraft relevant to the duties of a
co-pilot.'' The NPRM indicates that the person who provides the
familiarization training must sign the applicant's logbook or training
record and the ``Instructors Recommendation'' area of FAA Form 8710-1
application. This would appear to fully satisfy the experience
requirement, but not the skill requirement. This could be rectified by
requiring the person who provides the familiarization training to
attest that the applicant has ``demonstrated the skill and knowledge
required for the safe operation of the applicable type of aircraft,
relevant to the duties of a co-pilot,'' rather than merely indicating
that they have undergone familiarization training. The second issue
relates to the knowledge requirement specified in ICAO Annex 1,
paragraph 2.1.5.2.c. The NPRM does not require a person holding a
private or commercial pilot certificate to demonstrate knowledge at the
airline transport pilot level. Some States have addressed this
requirement through an Aircraft Type Rating exam that applicants who
have not passed the Airline Transport Pilot knowledge exams must pass
prior to issue of their first aircraft type rating.
The FAA has determined that the proposed changes to Sec.
61.5(b)(7)(iv) and Sec. 61.55 fully conform to the standards set forth
in ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A. The ICAO standards
under Annex 1, paragraphs 2.1.5.2 state that an applicant must have
``gained under appropriate supervision, experience in the applicable
type of aircraft and/or flight simulator in the following * * *.''
However, the FAA agrees with the commenter's recommendation about an
endorsement. The FAA therefore revised final Sec. 61.55(d)(2) and
(e)(2) by including the endorsement ``[Applicant's Name and Pilot
Certificate Number] has demonstrated the skill and knowledge required
for the safe operation of the [Type of Aircraft], relevant to the
duties and responsibilities of a second-in-command.''
Ball Corporation commented that an SIC pilot type rating seems to
water down a full type rating only to meet a regulatory technicality.
The commenter stated that the rule does nothing to enhance safety,
which is why any regulation should be written. The commenter believes
that a fully type rated pilot has demonstrated his/her knowledge of and
ability to operate the aircraft safely. It believes that requiring two
type-rated pilots is more important on a long international flight with
disrupted biorhythms and extended duty days.
The FAA does not disagree with the commenter's remarks concerning
the importance of two type-rated pilots. However, the FAA believes that
its current system of training and qualifying SIC pilots under existing
Sec. 61.55 meets or exceeds the current ICAO requirements. As was
stated in the NPRM, the FAA's current system of training and qualifying
SIC pilots require annual recurrent requirements; whereas, the current
ICAO requirements only require the type rating and no recurrent
training and qualification requirements.
Ameristar Air Cargo, Inc. commented that if the FAA intends to
allow an endorsement (meaning a pilot type rating) on a license based
on an instructor's recommendation, then it should consider having an
FAA representative observe the performance of the candidate in the
aircraft or FAA-approved simulator before issuing the endorsement.
In response to Ameristar's recommendation, the FAA believes that
requiring all SIC pilot type rating training be monitored would be
impossible to achieve due to staffing limits and, more importantly, is
unnecessary. For years, existing Sec. 61.55 has provided a safe and
efficient way to qualify pilots to serve as SICs who complete the
familiarization training without the training being monitored by the
FAA. This new SIC pilot type rating final rule provides a process for
issuing SIC pilot type ratings, but the Sec. 61.55 SIC familiarization
training requirements remain the same. Furthermore, Sec. 61.55
requires both initial and annual recurrent familiarization training for
a pilot to remain qualified to serve as an SIC. In contrast, the ICAO
type rating requirements (See ICAO Annex 1, paragraphs 2.1.3.2 and
2.1.4.1.A) do not require recurrent training.
Financial Impact of the Rule
A representative of American Airlines stated there are 3,066 pilots
currently flying for American Airlines as SICs that do not hold a type
rating. The commenter stated that it agrees with the idea of issuing
SIC pilot type ratings; however, the initial implementation of this
rule would be costly and overly cumbersome. The commenter presented
cost figures claiming the rule would impose additional costs of more
than $1.4 million over the next 10 years, $528,251 in year one. A
majority of the first year costs are associated with Examiners having
to complete airmen applications, and managers tracking the 3,066 SIC
applications between instructors, applicants, examiners, and the
American Airlines Certificate Management Office. The commenter stated
that the majority of the costs would be associated with issuing
temporary certificates and collecting current permanent certificates.
The commenter estimates the recurring costs to be over $90,000 in the
second year, escalating to over $114,000 in the tenth year.
The FAA has accepted and adopted this comment in part. Because the
commenter did not provide supporting information underlying his
estimate of the total costs of the rule, we substituted our cost
variables in deriving an estimate of total compliance costs. The cost
of this rule has five components: (1) Cost for SIC candidates to fill
out Form 8710-1, (2) Cost for managers to review each application, (3)
Cost for FSDO employee or examiner to complete Form 8710-1, (4) Cost to
process Form 8710-1 at FSDO and issue temporary certificate, and (5)
Cost to process Form 8710-1 at FAA Airmen Certification Branch.
The FAA estimates the cost of this final rule to be $1.7 million
($1.5 million, present value) over the next ten years. Please see the
regulatory evaluation for a detailed description of how we calculated
these costs.
Procedures for Air Carriers
Ameristar Air Cargo, Inc. commented that the FAA should address
giving specific authority to air carriers to allow the processing of
the Airman Certificate and/or Rating Application, FAA Form 8710-1,
utilizing Aircrew Program Designees (APD).
Final Sec. 61.55(e) provides for completion of an SIC training
curriculum under part 121 to qualify for the SIC pilot type rating.
Aircrew Program Designees hold examining authority and therefore would
be permitted to process an applicant's Airman Certificate and/or Rating
Application. If the operator does not have an APD, the applicant must
present his/her Airman Certificate and/or Rating Application, FAA Form
8710-1 to an FAA Flight Standards District Office or to an Examiner for
processing.
The National Air Carrier Association, Air Transport Association,
and the
[[Page 45269]]
representative of American Airlines commented that where an air carrier
employs numerous pilots who have previously qualified by completion of
an air carrier training program within the past 12 months, the FAA
should allow the air carrier to send the applications for all its
qualified SIC candidates to the FAA Airmen Certification Branch at one
time.
It is not possible to issue ratings to multiple individuals at one
time without the applicant being positively identified by the FAA or by
an examiner. The FAA is required to verify identity of the applicants
in the application and certification process. The U.S. Congress
mandated modification of the airman certification system in the Federal
Aviation Administration Drug Enforcement Assistance Act of 1988 (DEA
Act) (Subtitle E of the Anti-Drug Abuse Act of 1988 (Pub. L. 100-690))
to ensure positive and verifiable identification of each person
applying for or holding a pilot certificate. Most air carriers have
qualified APD on staff and can issue the SIC pilot type rating for
pilot employees of their air carrier.
The National Air Carrier Association recommends that the FAA
provide a minimum of six months from issuing the final rule to full
implementation and revision of its ICAO difference. The reason for this
comment is because member airlines need to provide time for the initial
processing of the several hundred thousand applications required for
this SIC pilot type rating. The representative of American Airlines
requested 18 months to complete the initial certification process for
its initial 3,066 pilots that are not currently type rated.
The FAA does not agree it is necessary to delay implementation of
this final rule. The FAA has been put on notice from several foreign
civil aviation authorities that they intend to begin enforcing the
type-rating requirement. The sooner this final rule becomes effective
and U.S. pilots receive their SIC pilot type ratings, the sooner U.S.
flight crews will be able to operate internationally unimpeded.
Therefore, it is imperative that the final rule become effective as
soon as possible.
To streamline this initial process, the National Air Carrier
Association recommends that the FAA abandon the requirement for issuing
a temporary pilot certificate with the ``SIC Privileges Only''
annotation for pilots already qualified for SIC in part 121 operations.
The reason for this comment is because current part 121 SICs need to be
able to continue to fly internationally until their permanent pilot
certificate is issued. Meanwhile, the FAA will need to delay removing
its difference from the type rating standards of ICAO Annex 1,
paragraphs 2.1.3.2 and 2.1.4.1.A until a majority of the pilots receive
their permanent pilot certificates.
The FAA is not aware of any restrictions on a temporary pilot
certificate versus the permanent plastic U.S. pilot certificate. A
pilot who possesses a temporary pilot certificate has the same
operating privileges as a pilot who holds a permanent plastic U.S.
pilot certificate. Holding a temporary pilot certificate does not limit
a pilot's ability to operate internationally.
The National Air Carrier Association requested clarification of a
portion of the NPRM preamble that states the aviation safety inspector
will ``inform the applicant that the SIC Privileges Only limitation may
only be removed if that applicant completes the appropriate type rating
practical test for pilot-in-command qualification.'' Can a SIC pilot
type rating be suspended, revoked or failed during a line check,
simulator check, or recurrent check?
As with any certificate or rating issued by the FAA, 49 U.S.C.
44709 provides that a certificate or rating issued by the Administrator
may be suspended or revoked through re-examination, if the applicant
does not maintain certain standards. So the answer is ``yes,'' if a
person fails a Part 121 line check, simulator check, or recurrent check
for SIC qualification, the FAA has the authority to suspend or revoke a
person's pilot certificate and/or rating. However, the FAA does not
invoke Sec. 44709 after every failure of a part 121 line check,
simulator check, or recurrent check. Failures on a part 121 line check,
simulator check, or recurrent check are dealt with on a case-by-case
basis depending on the circumstances. Normally, the applicant receives
additional training and is scheduled to re-take the unsatisfactory
event. This final rule does not change the current re-examination
process, nor does it impose any new reexamination requirements.
The National Air Carrier Association also asked us to clarify that,
where the SIC is gaining the type rating through an FAA-approved part
121 training program, there are no required modifications to the
current training program required as a result of this rule.
This SIC pilot type rating final rule will not require any change
to existing approved part 121 training programs.
The Air Transport Association of America acknowledged the need for
harmonizing U.S. pilot certification requirements with the other ICAO
member states, but proposed to reduce the administrative requirements
by allowing part 121, 125 and 135 operators that maintain training
records in accordance with an FAA-approved recordkeeping program be
permitted to give previously trained applicants a letter signed by a
designated training manager stating that the required training was
successfully completed in lieu of requiring that the actual person who
provided the training sign the record or logbook. Alternately, the Air
Transport Association proposed that a designated manager of the part
121, 125 or 135 operator sign the completed FAA Form 8710-1 for
previously trained applicants.
The FAA resolved this issue by allowing a qualified management
official within the company to sign the applicant's logbook or training
record in lieu of the actual flight instructor who provided the
training. See final Sec. 61.55(d)(2) and (e)(2). Alternately, most air
carriers have qualified APD on staff and can issue the SIC pilot type
rating for pilot employees of their air carrier.
Kaiser Air, Inc. fully supported the proposal--it believes that
U.S. flight crews are by far better trained than their international
counterparts and there needs to be a way to address the international
requirement for type rated SICs in the aircraft. The only thing it
recommends changing is where SICs are trained on multiple aircraft, a
single FAA Form 8710-1 application (with appropriate training
documents) submission suffice so that an applicant does not have to
wait for each type rating to be processed. It states that the final
rule is otherwise an extremely well thought-out proposal that provides
maximum benefit to the operators with very little overhead burden.
The FAA's standard process for issuing pilot type rating requires
that an applicant complete an Airman Certificate and/or Rating
Application, FAA Form 8710-1, for each rating being applied for.
Therefore, the FAA cannot concur with the recommendation of issuing of
multiple aircraft ratings from the applicant submitting just one FAA
Form 8710-1 application.
One commenter asked what if the person who gave the training no
longer works for the carrier or for some other reason (i.e., deceased)
cannot be found to sign the instructor recommendation block on the FAA
Form 8710-1 application.
The FAA acknowledges that the air carrier may no longer employ the
person who provided the training. We, therefore, modified the final
rule
[[Page 45270]]
language [See Sec. 61.55(d)(1) and (e)(1)] to allow an authorized
management official of the organization that conducted the training to
sign the training records, make the required endorsement, and sign the
FAA Form 8710-1 application.
Multiple Levels of Training
Ameristar Air Cargo, Inc. commented that the proposal appears to
allow multiple levels of training for a pilot to be eligible for the
new SIC pilot type rating privilege. The levels would range from a
simple sign off to completion of a part 121, part 135, or part 142
approved training program.
The FAA agrees that the proposal does allow multiple levels of
training for the SIC pilot type rating privileges. There is a
difference between SIC familiarization training under Sec. 61.55
versus the SIC training under part 121 and part 135. There always has
been a difference in the process between the SIC familiarization
training under Sec. 61.55 versus the SIC training under part 121 and
part 135. However, a SIC who completes SIC familiarization training
under Sec. 61.55 would not be able to serve as a SIC in a part 121 or
part 135 operation without completing that air carrier's approved SIC
training curriculum. It is not the FAA's intention to parallel the SIC
familiarization training of Sec. 61.55 with the part 121 or part 135
SIC approved training programs.
Completion of a Part 142 Approved SIC Training Program
One commenter suggested the final rule provide that completion of a
SIC training program under part 142 qualifies a person to receive an
SIC pilot type rating.
Final Sec. 61.55(d) provides that a person who complies with the
SIC familiarization training is entitled to receive an aircraft type
rating whether the training occurred under part 61, part 141 or part
142. Additionally, Sec. 61.55(d) provides that a person who complies
with the SIC familiarization training is entitled to receive an
aircraft type rating whether the training was received from a qualified
PIC, authorized flight instructor, or an approved air carrier training
program.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA submitted a copy of the amended information
collection requirements in this final rule to the Office of Management
and Budget for its review. OMB approved the collection of this
information and assigned OMB Control Number 2120-0693.
This final rule establishes an application process using the
existing Airman Certificate and/or Rating Application, FAA Form 8710-1,
for pilots who need to obtain an SIC rating. We received one comment on
the cost of the rule, which we addressed earlier in this preamble. 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 Office of Management and Budget (OMB) control number.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with 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 regulations.
Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 2531-2533) 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, to 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).
In conducting these analyses, FAA has determined this rule: (1) Has
benefits that justify its costs, is not a ``significant regulatory
action'' as defined in section 3(f) of Executive Order 12866, and is
not ``significant'' as defined in DOT's Regulatory Policies and
Procedures; (2) will not have a significant economic impact on a
substantial number of small entities; (3) will not affect international
trade; and (4) does not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector. These analyses, available
in the docket, are summarized below.
Costs and Benefits of the Rule
The total costs of this final rule over the 10-year analysis period
are estimated to be $1.7 million ($1.6 million, present value). The
benefits of this rulemaking are some potential cost savings. We believe
that the qualitative benefits of this rule justify its costs, since
this rule will allow U.S. flag carriers to operate internationally
without the threat of being grounded in a foreign country.
Who Will Be Potentially Affected by the Rule
This final rule will affect domestic air carriers who operate
internationally.
Assumptions
Analysis covers years 2006-2015.
All monetary values are expressed in 2004 dollars.
Discount rate--7%.
50% of new transport pilots will be SICs beginning in
2007.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. 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 proposed or
final 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 Act.
However, if an agency determines that a proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA
[[Page 45271]]
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.
This final rule will not have a significant affect on small
entities, given the low costs. Accordingly, pursuant to the Regulatory
Flexibility Act, 5 U.S.C. 605(b), the Federal Aviation Administration
certifies that this final rule will not have a significant impact on a
substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and where appropriate, that
they be the basis for U.S. standards.
In accordance with the statute, the FAA has assessed the potential
effect of this final rule and has determined that it will allow
domestic operators to operate internationally and should not affect on
any trade-sensitive activity.
Unfunded Mandates Reform Act Assessment
The Unfunded Mandates Reform Act of 1995 (the Act) is intended,
among other things, to curb the practice of imposing unfunded Federal
mandates on State, local, and tribal governments. Title II of the Act
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 expenditure of $100 million or more (adjusted
annually for inflation) 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 $120.7 million in lieu of $100
million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
Executive Order 13132, Federalism
The FAA analyzed this final rulemaking action under the principles
and criteria of Executive Order 13132, ``Federalism,'' dated August 4,
1999 (64 FR 43255). We determined that this final rulemaking action
will 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 will 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 that this final rulemaking action qualifies for the
categorical exclusion identified in paragraph 307(k) and involves no
extraordinary circumstances. This final rulemaking action allows for
the issuance of pilot type ratings to SIC pilot crewmembers in order to
conform the FAA pilot type rating requirements to the ICAO pilot type
ratings standards.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rulemaking action under Executive
Order 13211, ``Actions Concerning Regulations that Significantly Affect
Energy Supply, Distribution, or Use'' (May 18, 2001). We have
determined that it is not a ``significant energy action'' under the
executive order because it is not a ``significant regulatory action''
under Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, and Reporting and recordkeeping
requirements.
The Amendment
0
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
0
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.
0
2. Amend Sec. 61.5 by adding new paragraph (b)(7)(iv) to read as
follows:
Sec. 61.5 Certificates and ratings issued under this part.
* * * * *
(b) * * *
(7) * * *
(iv) Second-in-command pilot type rating for aircraft that is
certificated for operations with a minimum crew of at least two pilots.
* * * * *
0
3. Amend Sec. 61.55 by revising the introductory language of paragraph
(a), revising paragraph (a)(2), adding new paragraph (a)(3),
redesignating existing paragraphs (d) through (h) as paragraphs (f)
through (j), and adding new paragraphs (d) and (e) to read as follows:
Sec. 61.55 Second-in-command qualifications.
(a) Except as provided in paragraph (f) of this section, 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 only if that person holds:
* * * * *
(2) An instrument rating that applies to the aircraft being flown
if the flight is under IFR; and
(3) The appropriate pilot type rating for the aircraft unless the
flight will be conducted as domestic flight operations within United
States airspace.
* * * * *
(d) A person may receive a second-in-command pilot type rating for
an aircraft after satisfactorily completing the second-in-command
familiarization training requirements under paragraph (b) of this
section in that type of aircraft. The person must comply with the
following application and pilot certification procedures:
(1) The person who provided the training must sign the applicant's
logbook or training record after each lesson in accordance with Sec.
61.51(h)(2) of this part. In lieu of the trainer, it is permissible for
a qualified management official within the organization to sign the
applicant's training records or logbook and make the required
endorsement. The qualified management official must hold the position
of Chief Pilot, Director of Training, Director of Operations, or
another comparable management position within the organization that
provided the training and must be in a position to verify the
applicant's training records and that the training was given.
(2) The trainer or qualified management official must make an
endorsement in the applicant's logbook that states ``[Applicant's Name
and Pilot Certificate Number] has demonstrated the skill and knowledge
required for the safe operation of the [Type of Aircraft], relevant to
the duties and
[[Page 45272]]
responsibilities of a second in command.''
(3) If the applicant's flight experience and/or training records
are in an electronic form, the applicant must present a paper copy of
those records containing the signature of the trainer or qualified
management official to an FAA Flight Standards District Office or
Examiner.
(4) The applicant must complete and sign an Airman Certificate and/
or Rating Application, FAA Form 8710-1, and present the application to
an FAA Flight Standards District Office or to an Examiner.
(5) The person who provided the ground and flight training to the
applicant must sign the ``Instructor's Recommendation'' section of the
Airman Certificate and/or Rating Application, FAA Form 8710-1. In lieu
of the trainer, it is permissible for a qualified management official
within the organization to sign the applicant's FAA Form 8710-1.
(6) The applicant must appear in person at a FAA Flight Standards
District Office or to an Examiner with his or her logbook/training
records and with the completed and signed FAA Form 8710-1.
(7) There is no practical test required for the issuance of the
``SIC Privileges Only'' pilot type rating.
(e) A person may receive a second-in-command pilot type rating for
an aircraft after satisfactorily completing an approved second-in-
command training program or a proficiency check under parts 121, 125,
or 135 in that type of aircraft. The person must comply with the
following application and pilot certification procedures:
(1) The person who provided the training must sign the applicant's
logbook or training record after each lesson in accordance with Sec.
61.51(h)(2) of this part. In lieu of the trainer, it is permissible for
a qualified management official within the organization to sign the
applicant's training records or logbook and make the required
endorsement. The qualified management official must hold the position
of Chief Pilot, Director of Training, Director of Operations, or
another comparable management position within the organization that
provided the training and must be in a position to verify the
applicant's training records and that the training was given.
(2) The trainer or qualified management official must make an
endorsement in the applicant's logbook that states ``[Applicant's Name
and Pilot Certificate Number] has demonstrated the skill and knowledge
required for the safe operation of the [Type of Aircraft], relevant to
the duties and responsibilities of a second in command.''
(3) If the applicant's flight experience and/or training records
are in an electronic form, the applicant must provide a paper copy of
those records containing the signature of the trainer or qualified
management official to an FAA Flight Standards District Office, an
Examiner, or an Aircrew Program Designee.
(4) The applicant must complete and sign an Airman Certificate and/
or Rating Application, FAA Form 8710-1, and present the application to
an FAA Flight Standards District Office or to an Examiner or to an
authorized Aircrew Program Designee.
(5) The person who provided the ground and flight training to the
applicant must sign the ``Instructor's Recommendation'' section of the
Airman Certificate and/or Rating Application, FAA Form 8710-1. In lieu
of the trainer, it is permissible for a qualified management official
within the organization to sign the applicant's FAA Form 8710-1.
(6) The applicant must appear in person at an FAA Flight Standards
District Office or to an Examiner or to an authorized Aircrew Program
Designee with his or her logbook/training records and with the
completed and signed FAA Form 8710-1.
(7) There is no practical test required for the issuance of the
``SIC Privileges Only'' pilot type rating.
* * * * *
Issued in Washington, DC, on July 26, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-15376 Filed 8-3-05; 8:45 am]
BILLING CODE 4910-13-P