[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 34080-34081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15984]
[[Page 34079]]
_______________________________________________________________________
Part IX
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 61
Recent Flight Experience: Pilot in Command; Final Rule
Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules
and Regulations
[[Page 34080]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. 27682; Amdt. No. 61-97]
RIN 2120-AF32
Recent Flight Experience: Pilot in Command
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This final rule amends the Federal Aviation Regulations
governing the recent flight experience requirements for pilots in
command (PICs). In an earlier amendment to the recent flight experience
requirements, PICs employed by a part 121 or part 135 air carrier,
while performing flight operations under part 91, 121, or 135 for the
certificate holder, were excepted from compliance with part 61 recency
requirements. This amendment makes it clear that only PICs who meet the
recent experience requirements of part 121 or part 135 are excepted
from compliance with part 61 recency requirements. The FAA is adopting
this amendment immediately to ensure that all PICs employed by part 121
and part 135 certificate holders remain qualified under either part 61
or under part 121 or part 135.
DATES: Effective Date: June 29, 1995.
Comment Date: August 28, 1995.
ADDRESSES: Comments on this amendment should be mailed, in triplicate,
to the Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Docket No. 27682, 800 Independence
Ave., SW., Washington, DC 20591. Comments delivered must be marked
Docket No. 27682. Comments may also be sent electronically to the
following Internet address: nprmcmts@mail.hq.faa.gov. Comments may be
examined in Room 915G weekdays between 8:30 a.m. and 5 p.m., except on
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Alberta Brown, Project Development Branch, AFS-240, Air Transportation
Division, Office of Flight Standards, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591, Telephone (202)
267-8096.
SUPPLEMENTARY INFORMATION:
Comments Invited
This amendment is only a clarification to remove an unintended
technical ``loophole'' and does not involve a change in the fundamental
currency requirements as historically understood and complied with by
pilots. This change to part 61 is being adopted without notice and
prior public comment because of that and because it is necessary to
preclude any interpretation that might adversely affect safety. The
Regulatory Policies of the Department of Transportation (44 FR 11034;
February 26, 1979), however, provide that, to the maximum extent
possible, Department of Transportation (DOT) operating administrations
should provide an opportunity for public comment on regulations issued
without prior notice.
Accordingly, interested persons are invited to participate in the
rulemaking process by submitting such written data, views, or arguments
as they may desire. Comments relating to environmental, energy,
federalism, or international trade impacts that might result from this
amendment are also invited. Comments must include the regulatory docket
or amendment number and be submitted in triplicate to the address
above. All comments received, as well as a report summarizing each
substantive public contact with FAA personnel on this rulemaking, will
be filed in the docket. The docket is available for public inspection
before and after the comment closing date.
All comments received on or before the closing date will be
considered by the Administrator. Late filed comments will be considered
to the extent practicable. This final rule may be changed in light of
the comments received.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this final rule must submit a pre-addressed,
stamped postcard with those comments on which the following statement
is made: ``Comments to Docket No. 27682.'' The postcard will be date-
stamped by the FAA and returned to the commenter.
Availability of Final Rule
Any person may obtain a copy of this final rule by submitting a
request to the Federal Aviation Administration, Office of Public
Affairs (APA-200), 800 Independence Avenue, S.W., Washington, D.C.
20591, or by calling the Office of Public Affairs at (202) 267-3484.
Communications must identify the docket number of this amendment.
Background
On November 14, 1994, the FAA issued a final rule amending
Sec. 61.57 of the Federal Aviation Regulations (59 FR 56385). The FAA
amended Sec. 61.57 to provide relief from essentially redundant recency
requirements for PICs serving in part 121 and part 135 air carrier
operations. The FAA had determined that since both part 121 and part
135 operators already had to meet recency requirements that were at
least equivalent to the recency requirements of Sec. 61.57, PICs
employed by these operators did not need to show compliance with
Sec. 61.57 while they were performing flights for part 121 and part 135
operators. Accordingly, as part of the above final rule, the FAA
revised Sec. 61.57 (f) to provide that PICs conducting part 91 flights
(e.g., ferry flights, training flights, etc.,) for the part 121 or part
135 operator, did not need to show compliance with Sec. 61.57. The FAA
made this decision because these operations were under the control of
the certificate holder, and these PICs would be current under the
qualification and recency requirements of part 121 or part 135.
Since the publication of the final rule, however, the FAA has
become aware that some PICs employed by a part 121 or part 135
operator, conducting only part 91 flights, do not comply with the
recency requirements under Secs. 121.439 or 135.247. Under the wording
of the new rule these pilots would technically not have to comply with
the recency requirements of Sec. 61.57. This was not the intent of the
FAA. The final rule was designed to provide relief to PICs serving in
part 121 and part 135 air carrier operations from unnecessary duplicate
recordkeeping only when they already complied with qualification,
training, and recency requirements found in parts 121 or 135. This
approach would continue the current level of safety.
The FAA did not intend to enable PICs employed by part 121 and part
135 operators, in conducting part 91 flight operations for the part 121
or part 135 operator, to avoid requirements to remain qualified and
current under part 61 or under parts 121 or 135. This final rule
revises Sec. 61.57(f) to provide that PICs employed by a part 121 or
part 135 operator are excepted from compliance with the recency
requirements of Sec. 61.57, only if they are qualified under
Secs. 121.437 or 135.243 and meet the recent experience requirements
under Secs. 121.439 or 135.247. Otherwise, these PICs must show
compliance with the recency requirements of Sec. 61.57 in order to
conduct part 91 flights.
Immediate Action
There is good cause for immediate adoption of this amendment as it
merely restores the pre-existing rule so as to remove an unintended
technical
[[Page 34081]]
``loophole'' and does not involve a change in the fundamental recency
requirements as understood by pilots. Accordingly, notice and public
procedure under 5 U.S.C. 553(b)(B) are unnecessary. Further, immediate
action is necessary to avoid any misinterpretation that potentially
could result in a significant degradation of safety. Therefore, the FAA
is issuing this amendment as a final rule without notice and comment,
and finds good cause for making this amendment effective in less than
30 days.
Economic Evaluation
The FAA has determined that this rule is not a ``significant
regulatory action'' under the criteria of Executive Order 12866. The
FAA, therefore, is not required to prepare a Regulatory Impact Analysis
under either the Executive Order or the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034; February
26, 1979). In nonsignificant rulemaking actions, the DOT Regulatory
Policies and Procedures require the FAA to prepare a regulatory
evaluation, analyzing the economic consequences of proposed regulations
and quantifying, to the extent practicable, the estimated costs and
anticipated benefits and the impacts of regulations.
The amendment in this final rule is merely a clarification to
correct an unintended deletion of recency requirements for part 91
operations and does not change the duties or responsibilities of the
aviation community. The amendment does not affect the manner in which
pilots become qualified or remain current, as it is understood by
pilots. The clarification does not, in economic terms, alter the
process of becoming qualified or remaining current by a PIC.
Accordingly, there are neither economic costs or benefits associated
with this amendment.
International Civil Aviation Organization and Joint Aviation
Regulations
The FAA has determined that a review of the Convention on
International Civil Aviation Standards and Recommended Practices is not
warranted because this final rule reinstates a pre-existing rule that
was made partially ineffective in circumstances clearly not intended by
Amendment No. 61-96.
Regulatory Flexibility Determination
The final rule will not have a significant economic impact,
positive or negative, on a substantial number of small entities.
Moreover, only national and regional air carriers, rather than small
entities, will be affected by this final rule. Therefore, a substantial
number of small entities will not experience a significant economic
impact as a result of this final rule.
International Trade Impact Analysis
This final rule will have a negligible impact on trade
opportunities for U.S. firms doing business overseas or on foreign
firms doing business in the U.S. The final rule primarily affects
pilots employed by regional and national air carriers, not businesses
involved in the sale of aviation products or services.
Federalism Impact
The regulations adopted herein will not have a substantial direct
effect of 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. Therefore, in
accordance with Executive Order 12612, it is determined that this
amendment does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this rule.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
final rule is not a significant regulatory action under Executive Order
12866. The FAA certifies that this rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act. In
addition, this final rule is not considered significant under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).
The economic impact of this final rule is minimal and accordingly a
full economic evaluation is not warranted.
List of Subjects in 14 CFR Part 61
Airmen, Reporting and recordkeeping requirements.
The Amendment
Accordingly, the FAA amends 14 CFR part 61 of the Federal Aviation
Regulations as follows:
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. Appendix 1354(a), 1355, 1421, 1422, and
1427; 49 U.S.C. 106(g).
2. Section 61.57(f) is revised to read as follows:
Sec. 61.57 Recent Flight Experience: Pilot in Command
* * * * *
(f) Exceptions. This section does not apply to a pilot in command,
employed by a part 121 or 135 air carrier, engaged in a flight
operation under part 91, 121, or 135 for the air carrier, if the pilot
is in compliance with Sec. Sec. 121.437 and 121.439 or
Sec. Sec. 135.243 and 135.247 respectively.
Issued in Washington, D.C., on June 23, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-15984 Filed 6-28-95; 8:45 am]
BILLING CODE 4910-13-M
