[Federal Register: October 27, 2005 (Volume 70, Number 207)]
[Rules and Regulations]
[Page 61888-61891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc05-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2004-19630; Amendment No. 61-109]
RIN 2120-AI38
Second-in-Command Pilot Type Rating
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: We are correcting errors in a final rule published in the
Federal Register on August 4, 2005. That final rule revised pilot
certification regulations by establishing a second-in-command (SIC)
pilot type rating and associated qualifying procedures. We are also
correcting cross references and other minor errors in the pre-existing
[[Page 61889]]
regulations that were inadvertently carried over.
DATES: These corrections are effective September 6, 2005.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and
General Aviation Operations 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:
Background
On August 4, 2005, the FAA amended its regulations to provide for
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), an FAA-approved SIC training curriculum under 14 CFR parts
121 or 135, or a proficiency check under 14 CFR part 125. See 70 FR
45263. The amendments adopted on August 4, 2005, are based on a notice
of proposed rulemaking (NPRM) published in the Federal Register on
November 16, 2004. See 69 FR 67258.
The amendments require pilots acting as second in command and who
plan to fly outside U.S. domestic airspace and land in foreign
countries to obtain the SIC pilot type rating. The amendments also
established two procedures for obtaining the SIC pilot type rating. The
effective date of the amendments is September 6, 2005. The effective
date is the date the amendments affect the current Code of Federal
Regulations.
On September 9, 2005, the FAA published a final rule establishing a
compliance date for the SIC pilot type rating final rule. See 70 FR
53560. The compliance date is June 6, 2006. A compliance date, in
contrast to an effective date, is the date that those affected by the
rule must begin to follow it. Thus, pilots acting as a second in
command and who will be flying outside U.S. domestic airspace and
landing in a foreign country must hold the appropriate SIC pilot type
rating no later than June 6, 2006.
Neither the effective date, nor the compliance date, of the final
rule are affected by these corrections. These corrections are effective
as if they had been included in the final rule. Accordingly, these
corrections have the same effective date as the final rule, September
6, 2005.
Description of Corrections
As described below, the FAA is making non-substantive corrections
to the SIC pilot type rating final rule.
14 CFR 61.55(a)
We are deleting the introductory phrase ``Except as provided in
paragraph (f) of this section.'' That phrase erroneously excludes
pilots employed by operators that conduct operations under subpart K of
part 91, parts 121, 125, or 135 from the requirement to hold a SIC
pilot type rating. In the preamble of the final rule, we did not
exclude pilots conducting operations under subpart K of part 91, parts
121, 125, or 135 from the requirement to hold the SIC pilot type rating
when operating an aircraft outside U.S. domestic airspace that takeoffs
or lands in a foreign country. The entire purpose for the amendments
under 14 CFR 61.55 was to conform U.S. pilot type rating requirements
to the International Civil Aviation Organization's (ICAO) pilot type
ratings standards (See ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A).
This change conforms the regulatory language to the preamble
discussion.
14 CFR 61.55(a)(2)
We are adding the words ``or privilege'' to acknowledge that those
who hold an airline transport pilot certificate where instrument
privileges are inferred also may qualify for the SIC pilot type rating.
This action corrects an error in the pre-existing rule that was
inadvertently carried over into the final rule adopted on August 4,
2005.
14 CFR 61.55(b)
We are correcting an erroneous cross reference in the introductory
language of this paragraph to read ``Except as provided in paragraph
(e) of this section.'' By adding the SIC pilot type rating requirements
while retaining some of the original language, the August 4, 2005,
final rule unintentionally created an exception. Pilots who have
satisfactorily completed a proficiency check or competency check under
subpart K of part 91, parts 121, 125, or 135 do not have to complete
the familiarization training of paragraph (b).
14 CFR 61.55(b)(2)
We are deleting the cross reference in the introductory language
because it is unnecessary.
14 CFR 61.55(d) and (e)
We are adding the phrase ``provided the training was completed
within the 12 calendar months before the month of application for the
SIC pilot type rating'' to both paragraphs (d) and (e). This will
conform the regulatory text to the preamble discussion in the August 4,
2005, final rule. In the preamble to the final rule, we provided
examples illustrating that completion of the required training had to
occur within the 12 calendar months before the month of application for
the SIC pilot type rating. This was clearly the intent of the final
rule, yet the corresponding regulatory language was inadvertently
omitted from the regulatory text.
14 CFR 61.55(f)
We are amending the introductory language of this paragraph to
exempt certain pilots from the familiarization training requirements of
14 CFR 61.55(b). This action corrects an error in pre-existing 14 CFR
61.55(d) that was inadvertently carried over into the August 4, 2005,
final rule.
Pilots employed by operators that conduct operations under subpart
K of part 91 and parts 121, 125, or 135 do not have to complete the SIC
familiarization training described under paragraph (b) of this section.
Instead, pilots that are employed by operators that conduct operations
under subpart K of part 91 and parts 121, 125, or 135 must comply with
the requirements of paragraph (e) of this section to qualify for a SIC
pilot type rating.
14 CFR 61.55(i)
We are deleting the introductory phrase ``Except as provided in
paragraph (h) of this section.'' This action corrects an error in pre-
existing 14 CFR 61.55(g) that was inadvertently carried over into the
August 4, 2005, final rule, which redesignated paragraph (g) as
paragraph (i).
We are adding the phrase ``The training required under paragraphs
(b) and (d) of this section and the training and proficiency check
required under paragraph (e) of this section.'' This clarifies that a
flight simulator may be used in an approved training course conducted
by a training center certificated under part 142 of this chapter or for
the training and proficiency check under parts 121 or 135 of this
chapter. This is a non-substantive correction because parts 121 and 135
already allow the use of a flight simulator in an approved training
course and for the required proficiency/competency check.
14 CFR 61.55(j)
We are deleting the phrase ``who is qualifying under the terms of
paragraph (g) of this section'' because it is
[[Page 61890]]
unnecessary. We also made editorial changes for the purpose of clarity.
Under our rules in effect before we adopted the August 4, 2005,
final rule, certain pilots who received SIC training in an approved
flight simulator did not have to complete at least one takeoff and
landing in an aircraft of the type for which they were seeking the SIC
qualification. See pre-existing 14 CFR 61.55(d). The August 4, 2005,
final rule eliminated the exception. This had the unintentional effect
of requiring the previously exempt simulator trainees to complete an
actual takeoff and landing. This is a significant new requirement--one
that we could not undertake without giving the public adequate notice
and opportunity to comment. Thus, this correction adds a sentence to
paragraph (j) of Sec. 61.55 to re-establish the pre-existing
exception. Pilots who complete a proficiency check under part 121
(i.e., Sec. 121.441) or competency check under subpart K, part 91
(i.e., Sec. 91.1065), part 125 (i.e., Sec. 125.287), or part 135
(i.e., Sec. 135.293) do not have to complete a takeoff and landing in
an aircraft of the type for which they seek the SIC qualification.
Good Cause for Foregoing Public Notice and Comment
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before a rule
takes effect. This is to comply with section 553(b) of the
Administrative Procedure Act (5 U.S.C. 553(b)). However, we can waive
the public notice and comment procedure if we find, for good cause,
that the notice and comment process is impracticable, unnecessary, or
contrary to the public interest. We must provide a statement of the
finding and the reasons for it.
The SIC pilot type rating requirements under the August 4, 2005,
final rule were subject to notice and comment procedures. This
correction notice makes changes to conform the regulatory text to the
requirements described in the preamble of the August 4, 2005, final
rule. This correction notice also changes incorrect references and
corrects errors in the pre-existing regulations that were inadvertently
carried over. This correction notice is intended to ensure that the
August 4, 2005, final rule accurately reflects the SIC pilot type
rating requirements. Therefore, we find it unnecessary to undertake
further notice and comment procedures with respect to this correction
notice.
Good Cause for Waiving the 30-Day Delay in Effective Date
We ordinarily provide a 30-day delay in the effective date of a
final rule after the date of publication in the Federal Register. This
is to comply with section 553(d) of the Administrative Procedure Act (5
U.S.C. 553(d)). However, we can waive the 30-day delay if we find, for
good cause, that the delay is impracticable, unnecessary, or contrary
to the public interest. We must provide a statement of the finding and
the reasons for it.
We find that it is in the public interest to ensure that the August
4, 2005, final rule accurately reflects the SIC pilot type rating
requirements. A delay in the effective date of these corrections would
be contrary to the public interest. We also find that it is in the
public interest to apply the changes in the correction notice
retroactively to September 6, 2005, the effective date of the August 4,
2005, final rule. There is a limited amount of time available for
affected pilots to comply with the final rule. The compliance date is
June 6, 2006. Any further delay in the effective date of these changes
would reduce the amount of time available.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, and Reporting and recordkeeping
requirements.
The Amendment
0
For the reasons stated above, the Federal Aviation Administration
amends Chapter I of Title 14 of the 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. 61.55 as follows:
0
a. Revise the introductory language of paragraph (a) as set forth
below;
0
b. Revise paragraph (a)(2) as set forth below;
0
c. Revise the introductory language of paragraph (b) as set forth
below;
0
d. Revise the introductory language of paragraph (b)(2) as set forth
below;
0
e. Revise the introductory language of paragraph (d) as set forth
below;
0
f. Revise the introductory language of paragraph (e) as set forth
below;
0
g. Revise the introductory language of paragraph (f) as set forth
below;
0
h. Revise paragraph (i) as set forth below; and
0
i. Revise paragraph (j) as set forth below:
Sec. 61.55 Second-in-command qualifications.
(a) 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 pilot flight crewmember only
if that person holds:
* * * * *
(2) An instrument rating or privilege that applies to the aircraft
being flown if the flight is under IFR; and
* * * * *
(b) 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 has within the
previous 12 calendar months:
* * * * *
(2) Except as provided in paragraph (g) of this section, performed
and logged pilot time in the type of aircraft or in a flight simulator
that represents the type of aircraft for which second-in-command
privileges are requested, which includes--
* * * * *
(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 provided the training was completed
within the 12 calendar months before the month of application for the
SIC pilot type rating. The person must comply with the following
application and pilot certification procedures:
* * * * *
(e) A person may receive a second-in-command pilot type rating for
the type of aircraft after satisfactorily completing an approved
second-in-command training program, proficiency check, or competency
check under subpart K of part 91, part 121, part 125, or part 135, as
appropriate, in that type of aircraft provided the training was
completed within the 12 calendar months before the month of application
for the SIC pilot type rating. The person must comply with the
following application and pilot certification procedures:
* * * * *
(f) The familiarization training requirements of paragraph (b) of
this section do not apply to a person who is:
* * * * *
(i) The training under paragraphs (b) and (d) of this section and
the training,
[[Page 61891]]
proficiency check, and competency check under paragraph (e) of this
section may be accomplished in a flight simulator that is used in
accordance with an approved training course conducted by a training
center certificated under part 142 of this chapter or under subpart K
of part 91, part 121 or part 135 of this chapter.
(j) When an applicant for an initial second-in-command
qualification for a particular type of aircraft receives all the
training in a flight simulator, that applicant must satisfactorily
complete one takeoff and one landing in an aircraft of the same type
for which the qualification is sought. This requirement does not apply
to an applicant who completes a proficiency check under part 121 or
competency check under subpart K, part 91, part 125, or part 135 for
the particular type of aircraft.
Issued in Washington, DC, on October 21, 2005.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division, Office of the Chief
Counsel.
[FR Doc. 05-21463 Filed 10-26-05; 8:45 am]
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