[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]
BILLING CODE 4910-13-M