[Federal Register: November 16, 2004 (Volume 69, Number 220)]
[Proposed Rules]
[Page 67257-67262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no04-27]
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Part IV
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 61
Second-in-Command Pilot Type Rating; Proposed Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2004-19630; Notice No. 04-14]
RIN 2120-AI38
Second-in-Command Pilot Type Rating
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to establish a second-in-command (SIC) pilot
type rating for those persons who complete the required SIC training.
The purpose of this proposal is to conform the FAA pilot type rating
requirements to the International Civil Aviation Organization (ICAO)
pilot type rating standards and alleviate the difference that the FAA
currently has on file with ICAO. The intended effect of this proposal
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: Send your comments to reach us by December 16, 2004.
ADDRESSES: You may send comments identified by Docket Number FAA-2004--
using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., 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://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John 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.
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 proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. We ask that you send us two copies of written
comments.
All comments received will be filed in the docket. The FAA will
develop a report that summarizes each substantive public contact with
FAA personnel concerning this proposed rulemaking. The docket is
available for public inspection before and after the comment closing
date. If you wish to review the docket in person, go to the address in
the ADDRESSES section of this preamble between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also review the
docket using the Internet at the Web address in the ADDRESSES section.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal based on the comments we
receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
that identifies the docket number. We will stamp the date on the
postcard and mail it to you.
Availability of Rulemaking Documents
You can get an electronic copy of these rulemaking documents using
the Internet through the Office of Rulemaking's Web page at http://www.faa.gov/avr/armhome.htm or the GPO's Web page at http://www.access.gpo.gov/su_docs/aces/aces140/html.
You can get a printed copy by sending a request to: Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591; or by telephoning 202/267-9680.
Please identify the docket number of this rulemaking in your request.
SUPPLEMENTARY INFORMATION:
Background
The Convention on International Civil Aviation (61 Stat. 1180),
which was signed at Chicago, Illinois, on December 7, 1944, is an
international treaty about aviation 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 that have signed the Convention, including the United
States, agree to keep their regulations governing civil aviation, to
the greatest possible extent, consistent with those established under
the Convention (article 12). Concerning pilots and flight crew members,
the signatory Member States agree to recognize as valid certificates of
competency and licenses issued by other signatories if the requirements
for the certificates or licenses are equal to or above the minimum
standards established under the Convention (article 33). If a signatory
Member State finds it impracticable to comply with an international
standard or bring its regulations into full accord with an
international standard, or adopts regulations differing from an
international standard, it must notify ICAO of the difference (article
38).
Currently, the United States has a difference filed with ICAO
concerning our SIC qualification requirements vs. 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). During recent meetings between
FAA and ICAO officials, the FAA has explained that our SIC
qualifications (14 CFR 61.55) require initial and annual recurrent
knowledge and flight training for pilots who serve in the SIC pilot
crewmember position, whereas the ICAO type rating standard does not.
Although ICAO officials understand our difference, they stated that the
Sec. 61.55 SIC pilot familiarization training requirements do not
conform to ICAO pilot type ratings standards for the SIC pilot flight
crewmember position because the SIC pilot does not actually receive a
pilot type rating under the existing Sec. 61.55 provisions. As a
result, foreign civil aviation authorities have put the FAA and U.S.
flight crews on
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notice that they intend to enforce the ICAO type rating standards for
SIC pilot crewmembers when U.S. flight crews operate in European
airspace and in some Caribbean countries
Discussion of NPRM
The FAA is proposing to revise 14 CFR Sec. 61.5(b)(5) by adding a
new subparagraph (iv) that provides for the SIC type rating. The FAA is
proposing to revise 14 CFR Sec. 61.55 by adding new paragraphs (a)(3)
and (d) that would provide for the issuance of an aircraft type rating
for SIC privileges when a person completes the SIC pilot
familiarization training set forth in paragraph (b) of 14 CFR Sec.
61.55. This NPRM proposes to conform our 14 CFR Sec. 61.55 SIC
qualification requirements with the ICAO Annex 1, paragraphs 2.1.3.2
and 2.1.4.1.A type rating standards and would eliminate our difference
on file with ICAO. By issuing an aircraft type rating for SIC
privileges only, the FAA would conform its pilot type rating
requirements to the ICAO type rating standards and allow U.S. flight
crews to operate internationally unimpeded.
However, the FAA wants it understood that as long as the person
operates within the airspace of the United States (as defined in 14 CFR
91.1), a person needn't hold this proposed SIC pilot type rating. Only
when a person operates in international airspace or the airspace of a
foreign country where compliance with the pilot type rating standards
of ICAO (i.e., ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A) or a
foreign civil aviation authority's rule is it mandatory that U.S. pilot
flightcrews hold the appropriate pilot type rating. As long as a person
operates within the airspace of the United States (as defined in 14 CFR
91.1), that person only needs to comply the SIC qualifications and
training of 14 CFR 61.55.
In addition, the FAA is proposing to revise 14 CFR 61.55 by adding
new paragraph (e). This proposal would provide for the issuance of a
pilot type rating for SIC privileges when a person satisfactorily
completes an approved second-in-command training program under parts
121, 125, or 135 in an aircraft that is certificated for operations
with a minimum crew of at least two pilots and the aircraft's type
certificate requires a pilot type rating. The FAA believes that the
pilot community and aircraft operators will support this NPRM because
it would impose only minor additional costs on some pilots and
operators.
The FAA intends to issue the SIC pilot type rating according to the
following process:
1. The SIC applicant must receive the familiarization training of
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 of 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.
2. The person who provides the SIC familiarization training must
sign the applicant's logbook or training record to verify that the
training was given. The verification of the training must be in
accordance with Sec. 61.51(h)(2), and be documented in the SIC
applicant's logbook or training record with the kind of ground and
flight training and amount of training given [See Sec. 61.51(h)(2)].
The person who provided the training must sign the SIC applicant's
logbook/training record after completion of each lesson.
3. The SIC applicant must complete and sign an Airman Certificate
and/or Rating Application, FAA Form 8710-1, and submit the application
to an FAA Flight Standards District Office or to an Examiner. The
Examiner must have the authority to conduct practical tests for pilot
certification.
4. The person(s) who provides the ground and flight familiarization
training to the SIC applicant must sign the area of the FAA Form 8710-1
identified as the ``Instructor's Recommendation.'' This signoff is
required in this area of the form even if a pilot in command who does
not hold a flight instructor certificate provided the training.
5. The SIC applicant must appear in person at an FAA Flight
Standards District Office or to an Examiner with his/her logbook/
training records and a completed and signed FAA Form 8710-1.
6. The FAA Flight Standards District Office or Examiner reviews the
SIC applicant's logbook/training record to ensure completion of the
required training and endorsements. The Aviation Safety Inspector,
Aviation Safety Technician, or Examiner would review the applicant's
logbook/training record and 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. There is no practical test required for the
issuance of the SIC Privileges Only type rating.
7. The FAA Flight Standards District Office or Examiner completes
the application and issues the applicant a temporary pilot certificate
for a SIC type rating with the appropriate aircraft type rating with
the limitation ``SIC Privileges Only.'' For example, an applicant who
accomplishes 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.
8. The FAA Flight Standards District Office 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 application and newly
issued temporary pilot certificate to the Examiner's jurisdictional FAA
Flight Standards District Office who sends the application and file to
the FAA Airman Certification Branch, AFS-760.
9. The FAA Airman Certification Branch processes the SIC
applicant's application and temporary pilot certificate and issues the
applicant a permanent pilot certificate.
In addition, a person who satisfactorily completes an approved
second-in-command training program under parts 121, 125, or 135 in an
aircraft that is certificated for operations with a minimum crew of at
least two pilots and the aircraft's type certificate requires a pilot
type rating is entitled to receive that aircraft type rating for
second-in-command privileges. The procedure for issuing a SIC type
rating would be as follows:
1. The SIC applicant must complete an approved second-in-command
training program under parts 121, 125, or 135 in an aircraft that is
certificated for operations with a minimum crew of at least two pilots
and the aircraft's type certificate requires a pilot type rating.
2. The person who provides the SIC training must sign the
applicant's logbook or training record to verify the training was
given. The verification of the training must be in accordance with
Sec. 61.51(h)(2), and be documented in the SIC applicant's logbook or
training record with the kind of ground and flight training and amount
of training given [See Sec. 61.51(h)(2)]. The person who provided the
training must sign the SIC applicant's logbook/training record after
completion of each lesson.
3. The SIC applicant must complete and sign an Airman Certificate
and/or Rating Application, FAA Form 8710-1, and submit the application
to an FAA Flight Standards District Office or to an
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Examiner. The Examiner must have authority to conduct practical tests
for pilot certification. A part 121 or part 135 Check Airman cannot
review and approve the application unless that person also has examiner
authority to conduct practical tests for pilot certification and holds
an FAA Letter of Authority.
4. The person(s) who provided the ground and flight training to the
SIC applicant must sign the area of the FAA Form 8710-1 identified as
the ``Instructor's Recommendation.'' This signoff is required in this
area of FAA Form 8710-1 even if a pilot in command who does not hold a
flight instructor certificate provided the training.
5. The SIC applicant must appear in person at an FAA Flight
Standards District Office or to an Examiner with his/her logbook/
training records and a completed and signed FAA Form 8710-1.
6. The FAA Flight Standards District Office or Examiner reviews the
SIC applicant's logbook and/or training record for ensuring completion
of the required training and endorsements. An Aviation Safety
Inspector, Aviation Safety Technician, or Examiner reviews the
applicant's logbook/training record and informs 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. There is no practical test required for the
issuance of the SIC Privileges Only type rating.
7. The FAA Flight Standards District Office completes the
application and issues the applicant a temporary pilot certificate for
an SIC 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 would 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.
8. The FAA Flight Standards District Office 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 application and newly
issued temporary pilot certificate to the Examiner's jurisdictional FAA
Flight Standards District Office who sends the application and file to
the FAA Airman Certification Branch, AFS-760.
9. The FAA Airman Certification Branch processes the SIC
applicant's application and temporary pilot certificate and issues the
applicant a permanent pilot certificate.
The FAA anticipates that many pilots have already completed their
SIC training, whether it was Sec. 61.55(b) SIC familiarization
training or an approved SIC training program under parts 121, 125, or
135, and would be making application for an SIC pilot type rating based
on past completion of SIC pilot training or a part 125 proficiency
check. The procedures for making application for an SIC pilot type
rating would basically be the same as previously stated in this
document. The only difference would be that applicants who have
completed their SIC training prior to the FAA issuing its final rule
for SIC pilot type ratings would be required to show compliance with
either the initial or recurrent SIC training within the preceding 12
calendar months prior to the month of application for an SIC pilot type
rating. The following examples illustrate how the rule would apply to
pilots who have already completed their SIC training:
Example No. 1: The date is January 30, 2005, and the final rule
for issuing SIC pilot type ratings is now in effect. An airman
completed initial Sec. 61.55(b) SIC pilot familiarization training
in a Cessna 500 on August 6, 1998. The airman last completed
recurrent Sec. 61.55(b) SIC pilot familiarization training in a
Cessna 500 on August 6, 2000. This airman could not apply for a SIC
pilot type rating for the CE500 until completing recurrent SIC
familiarization training within the 12 calendar months before the
month of application.
Example No. 2: The date is January 30, 2005, and the final rule
for issuing SIC pilot type ratings is now in effect. An airman
completed initial part 121 SIC pilot training in a Boeing 737 on
August 6, 1998. The airman has completed recurrent part 121 SIC
pilot training in a Boeing 737 every 12 calendar months, including
on August 13, 2004. This airman could apply for a SIC pilot type
rating for the B737 because the recurrent training was completed
within the 12 calendar months before January 2005.
Example No. 3: The date is January 5, 2005, and the final rule
for issuing SIC pilot type ratings is now in effect. An airman
completed a part 125 SIC proficiency check in a Gulfstream IV on
August 6, 1990. The airman next shows completion of a part 125 SIC
proficiency check in a Gulfstream IV on January 23, 2004. This
airman could apply for an SIC pilot type rating for the Gulfstream
IV because part 125 SIC proficiency check was completed within the
12 calendar months before January 2005.
Example No. 4: The date is January 5, 2005, and the final rule
for issuing SIC pilot type ratings is now in effect. An airman
completed initial Sec. 61.55(b) SIC familiarization in a Lear 60 on
August 6, 1990. The airman next shows completion of Sec. 61.55(b)
SIC familiarization training in a Lear 60 on January 23, 2004. This
airman could 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 January 2005.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. This proposal contains the
following additional information collection requirement for pilots who
apply for an SIC pilot type rating. As previously stated in this
document, the primary purpose for this additional information
collection requirement 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.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the Department of Transportation has submitted the
information requirements associated with this proposal to the Office of
Management and Budget for its review.
Title: Second-in-Command Pilot Type Rating.
Summary: This proposal would establish an application process using
the existing Airman Certificate and/or Rating Application, FAA Form
8710-1, for pilots who apply for an SIC pilot type rating for the
reasons previously stated. This proposal would generate a need for the
FAA's Civil Aviation Registry and Flight Standards District Offices to
support the processing of the FAA Form 8710-1 application and issuing
the SIC pilot type rating.
Respondents: The likely respondents to this proposal are the pilots
who will be required to complete and submit the FAA Form 8710-1
application when applying for an SIC pilot type rating. However, as it
was previously stated in this document, the FAA wants it understood
that as long as the person operates within the airspace of the United
States (as defined in 14 CFR 91.1), a person won't be required to hold
this proposed SIC pilot type rating. Only when a person operates in
international airspace or the airspace of a foreign country where
compliance with the pilot type rating standards of ICAO (i.e., ICAO
Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A) or a foreign civil aviation
authority's rule is it mandatory that U.S. pilot flightcrews hold the
appropriate pilot type rating. As long as a person operates within the
airspace of the United States (as defined in 14 CFR 91.1), that person
only needs to comply
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the SIC qualifications and training of 14 CFR 61.55.
Frequency: Each pilot who needs to obtain the SIC pilot type rating
will do so only once.
Annual Burden Estimate: The FAA has no estimate of the annual
recordkeeping and reporting burden.
The FAA is requesting information from the public on the following
questions:
How many pilots will apply for an SIC pilot type rating on an
annual basis?
What are the annual burden hours to the public?
What are the annual costs to pilot who will be applying for an SIC
pilot type rating?
What will be the total impact of this proposal?
According to the regulations implementing the Paperwork Reduction
Act of 1995, [5 CFR 1320.8(b)(2)(vi)], an agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a currently valid control number issued
by the Office of Management and Budget (OMB). If approved by OMB, the
information collection requirement contained in this NPRM will be
incorporated into the current approval of the Airman Certificate and/or
Rating Application, FAA Form 8710-1. The approved OMB control number
for the Airman Certificate and/or Rating Application, FAA Form 8710-1,
is 2120-0021.
Economic Assessment, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to 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, that they be the basis for 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).
For proposals with an expected minimal cost impact, a formal
assessment of costs and benefits is not required. The Department of
Transportation Order 2100.5 prescribes policies and procedures for
simplification, analysis, and review of regulations. If it is
determined that the expected impact is so minimal that the proposal
does not warrant a full evaluation, a statement is included in the NPRM
stating that the FAA has determined that the expected outcome will have
a minimal impact with positive net benefits.
The FAA's assessment of this NPRM indicates that its economic
impact will be minimal because it does not propose to significantly
change the SIC qualification requirements. The purpose of this NPRM is
to conform FAA pilot type rating rules with our international
obligations to ICAO, so as to remove an outstanding difference between
our 14 CFR 61.55 SIC qualification requirements with the ICAO Annex 1,
paragraphs 2.1.3.2 abd 2.1.4.1.A type rating standards.
Accordingly, the FAA has determined that there may be minor costs
to those pilots who will need the SIC pilot type rating for
international flight operations. These costs could include the time
required to complete the FAA Form 8710-1 and the time and expense of
traveling to an examiner or FAA Flight Standards District Office to
file the application. The FAA has determined there may be some benefits
to U.S. operators and pilots when conducting flight operations in
foreign airspace where a foreign country's civilian aviation authority
may enforce ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A type rating
standards. The FAA has thus determined that this NPRM would have
minimal impact with positive net benefits. We specifically request
comments from the public on this issue.
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 RFA.
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 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 NPRM imposes minor costs on individuals by requiring U.S.
pilots who fly overseas to obtain the SIC pilot type rating.
Consequently, the FAA certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
The FAA solicits comments from the public regarding this determination.
Trade Impact Assessment
The Trade Agreement 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. The FAA has assessed the
potential effect of this rulemaking and has determined that it would
reduce trade barriers by narrowing the difference between the U.S. and
ICAO regulations. The FAA has determined there may be some benefits to
U.S. operators and pilots when conducting flight operations in foreign
airspace where a foreign country's civilian aviation authority may
enforce ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A type rating
standards.
Unfunded Mandates 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
[[Page 67262]]
agency to prepare a written statement assessing the effects of any
Federal mandate in a proposed or final agency rule that may result in
an expenditure of $100 million or more (adjusted annually for
inflation) 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 NPRM does not contain such a mandate. The requirements of
Title II of the Act, therefore, do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, ``Federalism,'' dated August 4, 1999
(64 FR 43255). We have determined that this action would not have a
substantial direct effect on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government, and
therefore would not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 307(k) and involves no
extraordinary circumstances. This NPRM proposes to allow 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 NPRM 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
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend Chapter H of Title 14 Code of Federal
Regulations as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
2. Amend Sec. 61.5 by adding new paragraph (b)(5)(iv) to read as
follows:
Sec. 61.5 Certificates and ratings issued under this part.
* * * * *
(b) * * *
(5) * * *
(iv) Second-in-command type rating for aircraft that is
certificated for operations with a minimum crew of at least two pilots.
* * * * *
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 (e) of this section, no 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 unless that person holds:
(1) * * *
(2) An instrument rating that applies to the aircraft being flown
if the flight is under IFR; and
(3) An aircraft type rating for aircraft that is certificated for
operations with a minimum crew of at least two pilots.
* * * * *
(d) If a person complies with the second-in-command familiarization
training requirements in paragraph (b) of this section in an aircraft
that is certificated for operations with a minimum crew of at least two
pilots and the aircraft's type certificate requires a pilot type
rating, then that person is entitled to receive that aircraft type
rating for second-in-command privileges.
(e) A person who has satisfactorily completed an approved second-
in-command training program under 14 CFR parts 121, 125, or 135 in an
aircraft that is certificated for operations with a minimum crew of at
least two pilots and the aircraft's type certificate requires a pilot
type rating, then that person is entitled to receive that aircraft type
rating for second-in-command privileges.
* * * * *
Issued in Washington, DC, on November 9, 2004.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. 04-25415 Filed 11-15-04; 8:45 am]
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