[Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
[Rules and Regulations]
[Pages 23526-23530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10850]
[[Page 23525]]
_______________________________________________________________________
Part IX
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 61
Alternative Means of Compliance for the Pilot-In-Command Night Takeoff
and Landing Recent Flight Experience Requirements; Final Rule
Federal Register / Vol. 64, No. 83 / Friday, April 30, 1999 / Rules
and Regulations
[[Page 23526]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-1999-5584; Amendment No. 61-106]
RIN 2120-AG77
Alternative Means of Compliance for the Pilot-In-Command Night
Takeoff and Landing Recent Flight Experience Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes an alternative means of compliance
for the pilot-in-command (PIC) night takeoff and landing recent flight
experience requirements. A pilot who operates more than one type of
airplane, certificated for more than one pilot flight crewmember, can
meet the PIC night takeoff and landing recent flight experience
requirements in one of the types of airplanes he/she operates. The
pilot would then be considered qualified to perform night flights in
the other types of airplanes he/she operates as PIC. In addition, this
new alternative means of compliance establishes certain qualifications,
aeronautical experience, and additional training. This action is needed
to accommodate pilots employed by corporate operators and airplane
manufacturers who operate diverse fleets of airplanes that are type
certificated for more than one pilot flight crewmember. These operators
and manufacturers require their pilots to meet a high level of
aeronautical experience and training for qualification as a PIC. This
final rule is intended to provide an additional means of compliance
with the recent night flight experience requirements while maintaining
an equivalent level of safety.
EFFECTIVE DATE: This final rule is effective on April 30, 1999.
FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-
840, General Aviation and Commercial Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
An electronic copy of this document may be downloaded, using a
modem and suitable communications software, from the FAA regulations
section of the FedWorld electronic bulletin board service (telephone:
(703) 321-3339), the Government Printing Office's (GPO) electronic
bulletin board service (telephone (202) 512-1661), or, if applicable,
the FAA's Aviation Rulemaking Advisory Committee bulletin board service
(telephone: (800) 322-2722 or (202) 267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov/
avr/arm/nprm/nprm.htm or the GPO's web page at http://
www.access.gpo.gov/nara for access to recently published rulemaking
documents.
Any person may obtain a copy of this document by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
ARM-1, 800 Independence Avenue, SW, Washington, DC 20591, or by calling
(202) 267-9680. Communications must identify the amendment number or
docket number of this final rule.
Persons interested in being placed on the mailing list for future
rulemaking documents should request from the above office a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statutes
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplied by a
small entity.
If your organization is a small entity and you have a question,
contact your local FAA official. If you do not know how to contact your
local FAA official, you may contact Charlene Brown, Program Analyst
Staff, Office of Rulemaking, ARM-27, Federal Aviation Administration,
800 Independence Avenue, S.W, Washington, PC 20591, telephone (888)
551-1594. Internet users can find additional information on SBREFA in
the ``Quick Jump'' section of the FAA's web page at http://www.Faa.gov
and may send electronic inquiries to the following internet address: 9-
[email protected].
Background
Statement of the Problem
The FAA has received numerous comments from corporate operators and
airplane manufacturers on the requirements for PIC night takeoff and
landing recent flight experience. Many of the comments disagreed with
the requirement that aircraft of the same category, class, and type (if
a rating is required), be used to perform mandatory night takeoffs and
landings. They argue that the requirement to perform required takeoffs
and landings in an aircraft of the same type (if a type rating is
required) for all types of aircraft in the same category and class is
not cost effective and provides an unnecessary burden on their pilots.
The commenters requested that an alternative means of compliance for
this requirement be granted for their pilots, taking into consideration
the aircraft their pilots operate, their pilots' high level of
aeronautical experience,and the additional training required of their
pilots.
History
On April 4, 1997, the FAA amended 14 CFR part 61 (62 FR 16220),
which became effective on August 4, 1997. In this amendment, 61.57(b)
(14 CFR 61.57(b)) was revised to require that PIC night takeoffs and
landing recent flight experience requirements be performed in not only
the same category and class of aircraft but also the same type (if a
type rating is required). Since the issuance of this amendment, the FAA
has received many comments from corporate operators, airplane
manufacturers, and the National Business Aircraft Association, Inc.
Many of these commenters argue that they were not given adequate notice
to the above amendment. While adequate notice and comment period was
provided, the amendment was part of a large rulemaking project and
easily could have been overlooked by the commenters.
The commenters state that requiring PIC night takeoff and landing
recent flight experience to be in the same type of airplane (if a type
rating is required), beyond the same category and class, is a
burdensome requirement for their pilots. They argue that their pilots
are very experienced and maintain type ratings for several models of
airplanes within the same category and class. Furthermore, differences
between types of turbojet aircraft are minimal, and the requirement
that their pilots meet PIC night recent flight experience requirements
in each type is an economic burden. They argue that to do touch and
goes in turbojet aircraft is very costly, and as such, that maintaining
night takeoff and landing currency is one type, category and class of
aircraft should be sufficient for all types of turbojet aircraft.
Additionally, they argue that during the summer months, when there are
fewer hours of darkness, it is very difficult for their pilots to meet
the night takeoff and
[[Page 23527]]
landing requirement in all the different types, but same category and
class of aircraft they operate. finally, the commenters argue that the
current requirement to perform night takeoffs and landings in all the
types of turbojet aircraft they operate has the potential of increasing
air traffic congestion and noise pollution.
As a result, these corporate operators and airplane manufacturers
has asked the FAA to provide an alternative means of compliance to the
PIC night takeoff and landing recent flight experience requirements for
their pilots. They believe that their pilots should be allowed to meet
the PIC night takeoff and landing recent flight experience requirements
for all types of aircraft in the same category and class, once they
have met this requirement in one type of aircraft in the same category
and class.
On February 3, 1999, the FAA issued a grant of exemption to
Gulfstream Aerospace Corporation (Gulfstream) from the PIC night
takeoff and landing recent flight experience requirements based on the
arguments described above. This grant of exemption gave Gulfstream
pilots an alternative means of compliance to the night currency
requirements, based on an earlier grant of exemption to the Boeing
Commercial Airplane Group. After issuing this grant of exemption, the
FAA received similar requests from other corporate operators and
airplane manufacturers, which were denied. upon further review, the FAA
has determined that this issue needs to be resolved through rulemaking
and not through additional grants of exemption.
Accordingly, the FAA has determined that the alternative means of
compliance for the PIC night takeoff and landing recent flight
experience requirements granted to Gulfstream's PICs, also applies to
other PICs who operate various types of airplanes requiring more than
one pilot flight crewmember by the airplane's type certificate.
Alternative Means of Compliance
The final rule revises Sec. 61.57 by adding a new paragraph (e)(3),
which establishes an alternative means of compliance to the PIC night
takeoff and landing recent flight experience requirements. this final
rule neither lesson nor adds requirements to the present PIC night
takeoff and landing currency requirement of Sec. 61.57(b), but merely
provides another alternative means for remaining current in night
takeoffs and landings.
For years the FAA has permitted pilots who are employed by a
certificate holder under 14 CFR parts 121, 125 or 135 an alternative
means of compliance for the night takeoff and landing recent flight
experience requirements of Sec. 61.57(b). As previously mentioned, the
FAA has issued grants of exemption that permit pilots employed by some
corporate operators or as test pilots for some airplane manufacturers,
an alternative means of compliance from the night takeoff and landing
currency requirements of Sec. 61.57(b).
In this final rule, a PIC who operates more than one type of an
airplane, that is type certificated for more than one pilot flight
crewmember, may meet the PIC night takeoff and landing recent flight
experience requirements under the current requirements of Sec. 61.57(b)
or under this alternative. This alternative states that a pilot, who
operates more than one type of airplane that is type certificated for
more than one pilot flight crewmember, meets the PIC night takeoff and
landing recent flight experience requirements for all of the different
types of airplanes provided the pilot--
(i) Holds at least a valid commercial pilot certificate with the
appropriate type rating for each airplane that the pilot seeks to
operate under this alternative;
(ii) Has logged at least 1500 hours total time as a pilot;
(iii) Has accomplished at least 15 hours of flight time in the type
of airplane that the pilot seeks to operate under this alternative
within the preceding 90 days prior to the operation of that airplane;
and
(iv) Has accomplished--
(A) At least three takeoffs and three landings to a full stop,
during the period beginning 1 hour after sunset and ending 1 hour
before sunrise as the sole manipulator of the flight controls in at
least one of the types of airplanes that the pilot seeks to operate
under this alternative, within the preceding 90 days prior to the
operation of any of the types of airplanes that the pilot seeks to
operate under this alternative; or
(B) Completion of an approved training program under part 142 of
this chapter within the preceding 12 calendar months prior to the month
of the flight, which requires the performance of at least 6 takeoffs
and 6 landings to a full stop as the sole manipulator of the controls
in a flight simulator that is representative of at least one of the
types of airplanes that the pilot seeks to operate under this
alternative, and the flight simulator's visual system was adjusted to
represent the period beginning 1 hour after sunset and ending 1 hour
before sunrise.
The FAA anticipates that this final rule will apply primarily to
pilots employed by corporate operators and airplane manufacturers of
turbine powered and large airplanes that require more than one pilot
crewmember by the airplane's type certification requirements. For
example, business jets such as some CE-500 series jets, Learjets,
operators of DC-3's, Martin-404's, DC-6's, DC-7's, and various other
part 25 transport category airplanes.
Good Cause for Immediate Adoption
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA)(5 U.S.C. Sections 553(b)(3)(B) and 553(d)(3))
authorize agencies to dispense with certain notice procedures for rules
when they find ``good cause'' to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d)(3) allows an agency, upon finding good cause, to make a
rule effective immediately, thereby avoiding the 30-day delayed
effective date requirement in section 553.
The FAA finds that notice and public comment to this final rule are
impracticable, unnecessary, and contrary to the public interest. The
provisions in this final rule provide an alternative means of
compliance with the PIC night takeoff and landing recent flight
experience requirements. This alternative means of compliance is
applicable only to those PICs who fly two or more types of airplanes
that require more than one pilot flight crewmember by the airplane's
type certificate. However, these PICs still have the option to either
meet the existing PIC night takeoff and landing recent flight
experience requirements of Sec. 61.57(b) or they can choose to comply
with this alternative PIC night takeoff and landing provision. The FAA
has determined that the addition of this alternative means of
compliance will not have an adverse effect on PIC night takeoffs and
landing proficiency. Furthermore, the requirements for the alternative
means of compliance for PIC night takeoff and landing recency will not
have an adverse effect on safety since they are equivalent in content
and substance to the existing PIC night takeoff and landing recent
flight experience requirements listed in Sec. 61.57(b). The FAA has
determined that notice and public comment are unnecessary since this
rule is in the public interest and has no safety implications.
In addition, the FAA has determined that compliance with this
alternative means of PIC night takeoff and landing
[[Page 23528]]
recent flight experience requirements is needed immediately, so as to
relieve a burdensome and costly requirement for corporate operators,
airplane manufacturers, and the pilots they employ. As discussed
earlier, the FAA has granted exemptions previously, providing an
alternative means of compliance for PIC night takeoff and landing
recent flight experience requirements. These petitions for exemption
were published in the Federal Register, and received no comments.
Therefore, the FAA has determined notice and comment on this amendment
to be unnecessary.
Paperwork Reduction Act Approval
Information collection requirements in the amendments to Sec. 61.57
previously have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), and have been assigned OMB Control Number 2120-0021.
Compatibility With ICAO Standards
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Economic Summary
Four principal requirements pertain to the economic impacts of
changes to the Federal Regulations. First, Executive Order 12866
directs Federal agencies to promulgate new regulations or modify
existing regulations after consideration of the expected benefits to
society and the expected costs. The order also requires Federal
agencies to assess whether a final rule is considered a ``significant
regulatory action.'' Second, the Regulatory Flexibility Act of 1980
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Office of Management and Budget directs
agencies to assess the effect of regulatory changes on international
trade. Finally, Public Law 194-4, Department of Transportation
Appropriations Act (November 15, 1995), requires Federal agencies to
assess the impact of any Federal mandates on State, Local, Tribal
governments, and the private sector.
In conducting these analyses, the FAA has determined that this rule
will be cost beneficial, and is not ``significant'' as defined under
section 3(f) of Executive Order 12866 and Department of Transportation
(DOT) policies and procedures (44 FR 11034, February 26, 1979). In
addition, under the Regulatory Flexibility Determination, the FAA
certifies that this proposal will not have a significant impact on a
substantial number of small entities. Furthermore, this proposal will
not impose restraints on international trade. Finally, the FAA has
determined that the proposal will not impose a Federal mandate on
State, Local, or Tribal governments, or the private sector of $100
million per year. These analyses are summarized below.
Executive Order 12866 and DOT's Policies and Procedures
Under Executive Order 12866, each Federal agency shall assess both
the costs and the benefits of final regulations while recognizing that
some costs and benefits are difficult to quantify. A final rule is
promulgated only upon a reasoned determination that the benefits of the
final rule justify costs.
The FAA's analysis of this final rule indicates that this amendment
to part 61 will generally have a beneficial impact to corporate
operators and airplane manufacturers that operate several different
types of airplanes that are type certificated for more than one pilot
flight crewmember and the pilots they employ. This final rule provides
an alternative means of compliance for PICs to maintain night takeoff
and landing currency. This alternative means for PICs to maintain their
night take off and landing currency in all of the types of airplanes
they operate will be permitted, provided the pilot meets the following:
(i) Holds at least a valid commercial pilot certificate with the
appropriate type rating for each airplane that the pilot seeks to
operate under this alternative;
(ii) Has logged at least 1,500 hours total time as a pilot;
(iii) Has accomplished at least 15 hours of flight time in the type
of airplane that the pilot seeks to operate under this alternative
within the preceding 90 days prior to the operation of that airplane;
and
(iv) Has accomplished at least--
(A) three takeoffs and three landings to a full stop, during the
period beginning 1 hour after sunset and ending 1 hour before sunrise
as the sole manipulator of the flight controls in at least one of the
types of airplanes that the pilot seeks to operate under this
alternative, within the preceding 90 days prior to the operation of any
of the types of airplanes that the pilot seeks to operate under this
alternative; or
(B) completion of an approved training program under part 142 of
this chapter within the preceding 12 calendar months prior to the month
of the flight, which requires the performance or at least six takeoffs
and six landings to a full stop as the sole manipulator of the controls
in a flight simulator that is representative of at least one of the
types of airplanes that the pilot seeks to operate under this
alternative, and its visual system is adjusted to represent the period
beginning 1 hour after sunset and ending 1 hour before sunrise.
One of the major benefits to permitting this alternative means of
compliance is that it will permit operators with multiple airplanes,
that are type certificated for more than one pilot flight crewmember,
to save on the costs of requiring their pilots to remain current in the
pilot-in-command night takeoff and landing recent flight experience
requirements in all of the operator's different types of airplanes.
This benefit will provide cost savings on personnel, fuel, and
maintenance on items such as wheel brakes, thrust reversers, and tires.
Additional benefits of this final rule include the following: the
reduction in pilot and controller workload, which should reduce the
chances for procedural errors; the reduction in training accidents and
incidents; the reduction in noise for the surrounding communities; and
reduction in air pollution; and the reduction in air traffic congestion
and training costs. Finally, the FAA has determined that this
alternative means of compliance will not diminish safety in any manner.
Pilots who are eligible to take advantage of this alternative means of
compliance must meet higher commercial experience requirements and
other additional currency requirements.
The FAA has determined that there are no costs associated with
complying with these alternative requirements since PICs will have the
option to meet either the existing night takeoff and landing
requirements in Sec. 61.57(b) or they may comply with this alternative.
The FAA has concluded that this final rule is cost beneficial.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (the Act) establishes ``as
principle of regulatory issuance that agencies shall endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and information requirements to the scale of the
[[Page 23529]]
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that and to explain the rationale for their
actions, the Act covers a wide range of small entities, including small
businesses, not-for-profit organizations and small governmental
jurisdictions.
Agencies must perform a review to determine whether a final rule
will have a significant economic impact on a substantial number of
small entities. If the determination is that it will, the agency must
prepare a Regulatory Flexibility Analysis (RFA) as described in the
Act. If an agency determines, however, that a final rule is not
expected to have a significant economic impact on a substantial number
of small entities, section 605(b) of the 1980 Act provides that the
head of the agency may so certify and an RFA is not required. The
certification must include a statement providing the factual basis for
this determination, and the reasoning should be clear.
The FAA conducted the required review of this final rule and
determined that it will not have a significant economic impact on a
substantial number of small entities. Accordingly, pursuant to the
Regulatory Flexibility Act, 5 U.S.C. 605(b), the FAA certifies that
this rule will not have a significant economic impact on a substantial
number of small entities because the final rule imposes no additional
cost on small entities. Small entities and their PICs will also benefit
from this final rule, because they also have the choice to either
comply with the existing PIC night takeoff and landing currency of
paragraph (b) of Sec. 61.57 or they can choose to operate under this
new alternative means of compliance for meeting the night takeoffs and
landings currency.
International Trade Impact Statement
The FAA has determined that the final rule will neither affect the
sale of aviation products and services in the United States or the sale
of U.S. products and services in foreign countries.
Federalism Implications
The regulation 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 rule will not have sufficient
federalism implications to warrant the preparation of a federalism
assessment.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in an agency final rule that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year.
Section 204(a) of the Reform Act, 2 U.S.C. 1534(a), requires the
Federal agency to develop an effective process to permit timely input
by elected officers (or their designees) of State, local and tribal
governments on a proposed ``significant intergovernmental mandate.'' A
``significant intergovernmental mandate'' under the Act is any
provision in a Federal agency regulation that will impose an
enforceable duty upon State, local, and tribal governments, in the
aggregate, of $100 million (adjusted annually for inflation) in any one
year.
Section 203 of the Reform Act, 2 U.S.C. 1533, which supplements
section 204(a), provides that before establishing any regulatory
requirements that might significantly or uniquely affect small
governments, the agency shall have developed a plan that, among other
things, provides for notice to potentially affected small governments,
if any, and for a meaningful and timely opportunity to provide input in
the development of regulatory proposals.
This rule does not contain a Federal intergovernmental or private
sector mandate that exceeds $100 million a year, therefore the
requirements of the Reform Act do not apply.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or environmental impact statement. In
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j),
regulations, standards and exemptions (excluding those, which if
implemented may cause a significant impact on the human environment)
qualify for a categorical exclusion. The FAA proposes that this rule
qualifies for a categorical exclusion because no significant impacts to
the environment are expected to result from its finalization or
implementation.
Energy Impact
The energy impact of the proposed rule has been assessed in
accordance with the Energy Policy and Conservation Act (EPCA) and
Public Law 94-163, as amended (42 U.S.C. 6362). It has been determined
that it is not a major regulatory action under the provisions of the
EPCA.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Recreation and recreation areas, reporting and
recordkeeping requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends part 61 of Chapter I of Title 14, Code of Federal
Regulations as follows:
PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS
1. The authority citation of part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45303.
2. Section 61.57 is amended by adding a new paragraph (e)(3) to
read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
* * * * *
(e) * * *
(3) Paragraph (b) of this section does not apply to a pilot in
command who operates more than one type of an airplane that is type
certificated for more than one pilot flight crewmember, provided the
pilot--
(i) Holds at least a valid commercial pilot certificate with the
appropriate type rating for each airplane that the pilot seeks to
operate under this alternative;
(ii) Has logged at least 1500 hours total time as a pilot;
(iii) Has accomplished at least 15 hours of flight time in the type
of airplane that the pilot seeks to operate under this alternative
within the preceding 90 days prior to the operation of that airplane;
and
(iv) Has accomplished--
(A) At least three takeoffs and three landings to a full stop,
during the period beginning 1 hour after sunset and ending 1 hour
before sunrise as the sole manipulator of the flight controls in at
least one of the types of airplanes that the pilot seeks to operate
under this alternative, within the preceding 90 days prior to the
operation of any of the types of airplanes that the pilot seeks to
operate under this alternative; or
(B) Completion of an approved training program under part 142 of
this chapter within the preceding 12 calendar months prior to the month
of
[[Page 23530]]
the flight, which requires the performance of at least 6 takeoffs and 6
landings to a full stop as the sole manipulator of the controls in a
flight simulator that is representative of at least one of the types of
airplanes that the pilot seeks to operate under this alternative, and
the flight simulator's visual system was adjusted to represent the
period beginning 1 hour after sunset and ending 1 hour before sunrise.
Issued in Washington, DC, on April 22, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-10850 Filed 4-29-99; 8:45 am]
BILLING CODE 4910-13-M