[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]]

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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: [email protected]. 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]
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