[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27909]
[[Page Unknown]]
[Federal Register: November 14, 1994]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 61
[Docket No. 27682; Amdt. No. 61-96]
RIN 2120-AF32
Recent Flight Experience: Pilot in Command
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the Federal Aviation Regulations
governing the recent flight experience requirements for pilots in
command (PICs) by providing relief from essentially redundant recency
requirements for PICs serving in part 121 and part 135 air carrier
operations. This final rule will provide the air carrier industry,
which already complies with recency requirements found in parts 121 and
135, relief from unnecessary duplicate recordkeeping, without
diminishing the current level of safety.
EFFECTIVE DATE: November 14, 1994.
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:
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 SW., Washington, DC 20591,
or by calling the Office of Public Affairs at (202) 267-3484.
Communications must identify the docket number of this amendment.
Background
The decision to provide relief from essentially redundant recency
requirements and from the accompanying recordkeeping burden for parts
121 and 135 operators and their PICs was prompted by a petition for
exemption or other regulatory relief submitted by the Air Transport
Association (ATA). The ATA petitioned the Federal Aviation
Administration (FAA), on behalf of its affected member airlines and
other similarly situated airlines, for exemption or other regulatory
relief from the requirements of Sections 61.57(e) and 121.683(a)(1) of
the FAR. Section 61.57(e) requires a pilot who wishes to act as a PIC
under instrument flight rules to meet certain recency experience
requirements. Section 121.683(a)(1) requires a part 121 air carrier to
maintain current records of each crewmember that shows compliance with
the FAR (e.g., recent flight experience).
The ATA petitioned for relief from what it considered to be
essentially duplicative recordkeeping requirements related to the
recency of experience for part 121 PICs. This ``duplication'' arises
because certificate holders are currently required to maintain records
under Section 121.683 showing compliance with both Section 61.57 and
the currency requirements of part 121. The FAA agreed with the premise
of the ATA petition. It is not the intent of the FAA to require
duplicative recency requirements for PICs serving in part 121 or part
135 air carrier operations. The FAA does intend, however, that each PIC
serving in these air carrier operations have adequate recent
experience.
The FAA determined, however, that rulemaking was necessary to
provide the relief requested. Therefore, the FAA decided to propose a
change to the existing regulations. In addition, the FAA determined
that it was appropriate to propose the same relief to part 135
operators, including relief from the general and night experience
requirements, as they also have training and checking requirements that
are basically equivalent to the recency requirements of Section 61.57.
Currently, part 121 and part 135 operators record all flight time.
Almost all flight time logged by PICs in parts 121 and 135 air carrier
operations is under instrument flight rules (IFR) but is not broken
down into instrument meteorological conditions (IMC) or visual
meteorological conditions (VMC). The reason for this is that air
carriers are required to file instrument flight rules (IFR) flight
plans and perform navigation solely by reference to instruments
regardless of meteorological conditions. Therefore, in order for parts
121 and 135 air carrier pilots to comply with Section 61.57 they must
log separately their flight time in and out of IMC. Under Sections
121.683 and 135.63, parts 121 and 135 operators must also keep records
of their PICs' IFR flight time in and out of IMC to show that their
PICs comply with Section 61.57. The FAA finds that having both pilots
and certificate holders separately log flight hours in and out of IMC
meteorological conditions is redundant. This duplicative logging of
flight time is an unnecessary burden on both the PICs and the air
carriers, and adds no safety benefits.
The specific requirement to obtain recent flight experience under
Section 61.57 is unnecessary for part 121 and part 135 air carrier
pilots. The FAA concludes that removing this requirement will not
reduce the current level of safety because part 121 and part 135 pilots
already maintain an equivalent or higher level of qualification. The
nature of air carrier operations, the current regulatory and training
requirements, and the availability of simulators combine to ensure part
121 and part 135 air carrier pilots maintain currency beyond the
minimum requirements of Section 61.57.
Also, this final rule is deregulating in nature because it
precludes the unnecessary recordkeeping for the air carrier pilots
during the time they are performing parts 121 or 135 flights.
Additionally, this final rule will relieve parts 121 and 135 operators
from the need to keep a record of their pilots' compliance with Section
61.57. Pilots will still be personally responsible for showing currency
when they are flying in an operation conducted under part 91, unless,
as discussed below, that operation is being conducted for a part 121 or
135 operator.
The FAA has decided not to extend this amendment to part 125
operators. Most part 125 training and checking rules are not equivalent
to those in parts 121 and 135, nor do they need to be. Although some
part 125 operators have established training programs which exceed part
125 requirements, these programs have been submitted voluntarily and
are not in response to an FAA requirement.
On April 11, 1994, the FAA issued Notice No. 94-9 (59 FR 17162)
that proposed to revise the Federal Aviation Regulations governing the
recent flight experience requirements for PICs; specifically to provide
relief from essentially redundant recency requirements for PICs serving
in part 121 and part 135 air carrier operations.
Discussion of Public Comments
The FAA received three comments in response to Notice No. 94-9, one
from the Air Line Pilots Association (ALPA) and two from the Air
Transport Association (ATA). ALPA agrees with and supports the proposal
since an equivalent level of safety will be provided along with the
relief from redundant reporting requirements. In their first comment,
ATA supports the proposal stating that the duplicative logging of
flight time is an unnecessary burden on both the PICs and the air
carriers while adding no safety benefits.
In their second comment, ATA, while still supporting the proposal,
suggested a minor change to the proposed wording in Section 61.57(f);
specifically, that Section 61.57 ``does not apply to pilots, employed
by parts 121 and 135 operators, engaged in any Flight Operations for
the certificate holder.'' The reason for the change, ATA states, is
that part 121 and part 135 pilots often conduct ferry flights, local
acceptance flights, training flights, etc., and none of these
operations are conducted under part 121 or part 135. Hence, the
originally proposed wording would require two sets of records to be
maintained covering the above-mentioned operations. The FAA agrees with
ATA, the intent of the FAA was to relieve duplicative recency
requirements for PICs serving in part 121 or part 135 air carrier
operations including all flight operations conducted for the
certificate holder. The FAA does intend, however, that pilots who are
employed by a part 121 or a part 135 air carrier, who are flying in an
operation conducted under part 91 that is not an operation for the
certificate holder, be personally responsible for showing currency
under Section 61.57. The ATA wording change to Section 61.57(f) is
reflected in this final rule.
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 eliminates duplicative recordkeeping
for U.S. carriers and has no effect on actual currency.
Regulatory Analysis
This section contains the full regulatory evaluation prepared by
the FAA that provides information on the economic consequences of this
regulatory action. This evaluation quantifies, to the extent
practicable, estimates of the costs and benefits to the private sector,
consumers, and Federal, State, and local governments.
Executive Order 12866, dated September 30, 1993, directs Federal
agencies to promulgate new regulations or modify existing regulations
only if benefits to society for each regulatory change outweigh
potential costs. The order also requires the preparation of an economic
analysis of all ``significant regulatory actions'' except those
responding to emergency situations or other narrowly defined
exigencies.
The FAA has determined that this final rule is not a significant
rulemaking action as defined by Executive Order 12866 (Regulatory
Planning and Review). The anticipated costs and benefits associated
with this final rule are summarized below.
The estimated benefit of the final rule is the relief from
recordkeeping for parts 121 and 135 operators and their pilots. It is
estimated that under the rules before this amendment each of these
pilots would meet the relevant requirement for Section 61.57 after
flying about five days every 6 months and spending 5 minutes per day
logging their flight time. After that, the prior regulation required no
additional recordkeeping. The FAA estimates that about 14,900 hours
were used for recordkeeping purposes annually. Given that the median
monthly earnings for a captain (for majors, nationals, and regionals)
in 1993 dollars is about $11,400 or about $138 per hour, the industry
is expected to realize a potential annual cost benefit of about $2.06
million. However, if the recordkeeping duties would have been performed
by the first officer or flight engineer, the potential benefit will not
be as great.
There will be no incremental costs associated with this final rule
since the recent flight experience requirements for parts 121 and 135
PICs are equivalent to those required by Section 61.57; in essence only
the recordkeeping requirements would be relaxed. The FAA has concluded
that there would be no degradation of safety. Therefore, the FAA has
concluded that the final rule is cost beneficial.
Regulatory Flexibility Determination
The final rule will not have a significant economic impact,
positive or negative, on 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 suffer 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 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. 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), the FAA has considered the information collection impact
associated with this final rule and finds that the final rule will
result in some reduction in required recordkeeping. The FAA requested
comments on this issue in Notice No. 94-9, but did not receive any.
There are no additional requirements for information collection
associated with this final 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 full Regulatory Evaluation for this amendment is set out above.
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 is revised to read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
(a)-(b) [Reserved]
(c) General experience. Except as provided in paragraph (f) of this
section, no person may act as pilot in command of an aircraft carrying
passengers, nor of an aircraft certificated for more than one required
pilot flight crewmember, unless, within the preceding 90 days, that
person has made three takeoffs and three landings as the sole
manipulator of the flight controls in an aircraft of the same category
and class and, if a type rating is required, of the same type. If the
aircraft is a tailwheel airplane, the landings must have been made to a
full stop in a tailwheel airplane. For the purposes of meeting the
requirements of the paragraph, a person may act as pilot in command of
a flight under day VFR of day IFR if no persons or property other than
as necessary for compliance thereunder, are carried.
(d) Night experience. Except as provided by paragraph (f) of this
section, no person may act as pilot in command of an aircraft carrying
passengers during the period beginning 1 hour after sunset and ending 1
hour before sunrise (as published in the American Air Almanac) unless,
within the preceding 90 days, that person has made at least three
takeoffs and three landings to a full stop during that period in the
category and class of aircraft to be used.
(e) Instrument experience. (1) Recent IFR experience. Except as
provided by paragraph (f) of this section, no pilot may act as pilot in
command under IFR, nor in weather conditions less than the minimums
prescribed for VFR, unless that pilot has, within the past 6 calendar
months--
(i) In the case of an aircraft other than a glider, logged at least
6 hours of instrument time under actual or simulated IFR conditions, at
least 3 of which were in flight in the category of aircraft involved,
including at least 6 instrument approaches, or passed an instrument
competency check in the category of aircraft involved.
(ii) In the case of a glider, logged at least 3 hours of instrument
time, at least half of which were in a glider or an airplane. If a
passenger is carried in the glider, at least 3 hours of instrument
flight time must have been in gliders.
(2) Instrument competency check. A pilot who does not meet the
recent instrument experience requirements of paragraph (e)(1) of this
section during the prescribed time or 6 calendar months thereafter may
not serve as pilot in command under IFR, nor in weather conditions less
than the minimums prescribed for VFR, until that pilot passes an
instrument competency check in the category of aircraft involved, given
by an FAA inspector, a member of an armed force of the United States
authorized to conduct flight tests, an FAA-approved check pilot, or a
certificated instrument flight instructor. The Administrator may
authorize the conduct of part of all of this check in a pilot ground
trainer equipped for instruments or an aircraft simulator.
(f) Exemptions. This section does not apply to a pilot in command,
employed by a 14 CFR part 121 or part 135 operator, engaged in a flight
operation under 14 CFR part 91, 121, or 135 for the operator.
Issued in Washington, DC, on November 4, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-27909 Filed 11-10-94; 8:45 am]
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