[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Proposed Rules]
[Pages 67258-67262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25415]



[[Page 67257]]

-----------------------------------------------------------------------

Part IV





Department of Transportation





-----------------------------------------------------------------------



Federal Aviation Administration



-----------------------------------------------------------------------



14 CFR Part 61



Second-in-Command Pilot Type Rating; Proposed Rule

  Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / 
Proposed Rules  

[[Page 67258]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2004-19630; Notice No. 04-14]
RIN 2120-AI38


Second-in-Command Pilot Type Rating

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to establish a second-in-command (SIC) pilot 
type rating for those persons who complete the required SIC training. 
The purpose of this proposal is to conform the FAA pilot type rating 
requirements to the International Civil Aviation Organization (ICAO) 
pilot type rating standards and alleviate the difference that the FAA 
currently has on file with ICAO. The intended effect of this proposal 
is to allow U.S. flight crews to continue to operate in international 
airspace without the threat of being grounded for not holding the 
appropriate pilot type rating.

DATES: Send your comments to reach us by December 16, 2004.

ADDRESSES: You may send comments identified by Docket Number FAA-2004--
using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. For 
more information, see the Privacy Act discussion in the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

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; telephone (202) 267-3844.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy or 
federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. We ask that you send us two copies of written 
comments.
    All comments received will be filed in the docket. The FAA will 
develop a report that summarizes each substantive public contact with 
FAA personnel concerning this proposed rulemaking. The docket is 
available for public inspection before and after the comment closing 
date. If you wish to review the docket in person, go to the address in 
the ADDRESSES section of this preamble between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also review the 
docket using the Internet at the Web address in the ADDRESSES section.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal based on the comments we 
receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
that identifies the docket number. We will stamp the date on the 
postcard and mail it to you.

Availability of Rulemaking Documents

    You can get an electronic copy of these rulemaking documents using 
the Internet through the Office of Rulemaking's Web page at http://www.faa.gov/avr/armhome.htm or the GPO's Web page at http://www.access.gpo.gov/su_docs/aces/aces140/html.
    You can get a printed copy by sending a request to: Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591; or by telephoning 202/267-9680. 
Please identify the docket number of this rulemaking in your request.

SUPPLEMENTARY INFORMATION:

Background

    The Convention on International Civil Aviation (61 Stat. 1180), 
which was signed at Chicago, Illinois, on December 7, 1944, is an 
international treaty about aviation that establishes certain principles 
and arrangements to ensure that international civil aviation develops 
in a safe and orderly manner and operates soundly and economically. The 
Member States that have signed the Convention, including the United 
States, agree to keep their regulations governing civil aviation, to 
the greatest possible extent, consistent with those established under 
the Convention (article 12). Concerning pilots and flight crew members, 
the signatory Member States agree to recognize as valid certificates of 
competency and licenses issued by other signatories if the requirements 
for the certificates or licenses are equal to or above the minimum 
standards established under the Convention (article 33). If a signatory 
Member State finds it impracticable to comply with an international 
standard or bring its regulations into full accord with an 
international standard, or adopts regulations differing from an 
international standard, it must notify ICAO of the difference (article 
38).
    Currently, the United States has a difference filed with ICAO 
concerning our SIC qualification requirements vs. ICAO's type ratings 
standards for the SIC pilot flight crewmember position (See ICAO Annex 
1, paragraphs 2.1.3.2 and 2.1.4.1.A). During recent meetings between 
FAA and ICAO officials, the FAA has explained that our SIC 
qualifications (14 CFR 61.55) require initial and annual recurrent 
knowledge and flight training for pilots who serve in the SIC pilot 
crewmember position, whereas the ICAO type rating standard does not. 
Although ICAO officials understand our difference, they stated that the 
Sec.  61.55 SIC pilot familiarization training requirements do not 
conform to ICAO pilot type ratings standards for the SIC pilot flight 
crewmember position because the SIC pilot does not actually receive a 
pilot type rating under the existing Sec.  61.55 provisions. As a 
result, foreign civil aviation authorities have put the FAA and U.S. 
flight crews on

[[Page 67259]]

notice that they intend to enforce the ICAO type rating standards for 
SIC pilot crewmembers when U.S. flight crews operate in European 
airspace and in some Caribbean countries

Discussion of NPRM

    The FAA is proposing to revise 14 CFR Sec.  61.5(b)(5) by adding a 
new subparagraph (iv) that provides for the SIC type rating. The FAA is 
proposing to revise 14 CFR Sec.  61.55 by adding new paragraphs (a)(3) 
and (d) that would provide for the issuance of an aircraft type rating 
for SIC privileges when a person completes the SIC pilot 
familiarization training set forth in paragraph (b) of 14 CFR Sec.  
61.55. This NPRM proposes to conform our 14 CFR Sec.  61.55 SIC 
qualification requirements with the ICAO Annex 1, paragraphs 2.1.3.2 
and 2.1.4.1.A type rating standards and would eliminate our difference 
on file with ICAO. By issuing an aircraft type rating for SIC 
privileges only, the FAA would conform its pilot type rating 
requirements to the ICAO type rating standards and allow U.S. flight 
crews to operate internationally unimpeded.
    However, the FAA wants it understood that as long as the person 
operates within the airspace of the United States (as defined in 14 CFR 
91.1), a person needn't hold this proposed SIC pilot type rating. Only 
when a person operates in international airspace or the airspace of a 
foreign country where compliance with the pilot type rating standards 
of ICAO (i.e., ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A) or a 
foreign civil aviation authority's rule is it mandatory that U.S. pilot 
flightcrews hold the appropriate pilot type rating. As long as a person 
operates within the airspace of the United States (as defined in 14 CFR 
91.1), that person only needs to comply the SIC qualifications and 
training of 14 CFR 61.55.
    In addition, the FAA is proposing to revise 14 CFR 61.55 by adding 
new paragraph (e). This proposal would provide for the issuance of a 
pilot type rating for SIC privileges when a person satisfactorily 
completes an approved second-in-command training program under parts 
121, 125, or 135 in an aircraft that is certificated for operations 
with a minimum crew of at least two pilots and the aircraft's type 
certificate requires a pilot type rating. The FAA believes that the 
pilot community and aircraft operators will support this NPRM because 
it would impose only minor additional costs on some pilots and 
operators.
    The FAA intends to issue the SIC pilot type rating according to the 
following process:
    1. The SIC applicant must receive the familiarization training of 
Sec.  61.55(b) from a qualified pilot in command [See Sec.  61.31(a)] 
or an authorized flight instructor who holds the aircraft type rating 
on his/her pilot certificate [See Sec.  61.31(a) and Sec.  61.195(b)]. 
The ground training of Sec.  61.55(b)(1) may be given by an authorized 
advanced ground instructor [See Sec.  61.215(b)], authorized flight 
instructor, or qualified pilot in command.
    2. The person who provides the SIC familiarization training must 
sign the applicant's logbook or training record to verify that the 
training was given. The verification of the training must be in 
accordance with Sec.  61.51(h)(2), and be documented in the SIC 
applicant's logbook or training record with the kind of ground and 
flight training and amount of training given [See Sec.  61.51(h)(2)]. 
The person who provided the training must sign the SIC applicant's 
logbook/training record after completion of each lesson.
    3. The SIC applicant must complete and sign an Airman Certificate 
and/or Rating Application, FAA Form 8710-1, and submit the application 
to an FAA Flight Standards District Office or to an Examiner. The 
Examiner must have the authority to conduct practical tests for pilot 
certification.
    4. The person(s) who provides the ground and flight familiarization 
training to the SIC applicant must sign the area of the FAA Form 8710-1 
identified as the ``Instructor's Recommendation.'' This signoff is 
required in this area of the form even if a pilot in command who does 
not hold a flight instructor certificate provided the training.
    5. The SIC applicant must appear in person at an FAA Flight 
Standards District Office or to an Examiner with his/her logbook/
training records and a completed and signed FAA Form 8710-1.
    6. The FAA Flight Standards District Office or Examiner reviews the 
SIC applicant's logbook/training record to ensure completion of the 
required training and endorsements. The Aviation Safety Inspector, 
Aviation Safety Technician, or Examiner would review the applicant's 
logbook/training record and inform the applicant that the SIC 
Privileges Only limitation may only be removed if that applicant 
completes the appropriate type rating practical test for pilot-in-
command qualification. There is no practical test required for the 
issuance of the SIC Privileges Only type rating.
    7. The FAA Flight Standards District Office or Examiner completes 
the application and issues the applicant a temporary pilot certificate 
for a SIC type rating with the appropriate aircraft type rating with 
the limitation ``SIC Privileges Only.'' For example, an applicant who 
accomplishes the Sec.  61.55(b) SIC familiarization training in a 
Cessna 500 would receive a temporary pilot certificate that reads as 
follows:
    Commercial Pilot Certificate, Airplane Single Engine Land, Airplane 
Multiengine Land, Instrument Airplane, CE500 SIC Privileges Only.
    8. The FAA Flight Standards District Office forwards the 
application and newly issued temporary pilot certificate to the FAA 
Airman Certification Branch, AFS-760. If the application is made 
through an Examiner, the Examiner forwards the application and newly 
issued temporary pilot certificate to the Examiner's jurisdictional FAA 
Flight Standards District Office who sends the application and file to 
the FAA Airman Certification Branch, AFS-760.
    9. The FAA Airman Certification Branch processes the SIC 
applicant's application and temporary pilot certificate and issues the 
applicant a permanent pilot certificate.
    In addition, a person who satisfactorily completes an approved 
second-in-command training program under parts 121, 125, or 135 in an 
aircraft that is certificated for operations with a minimum crew of at 
least two pilots and the aircraft's type certificate requires a pilot 
type rating is entitled to receive that aircraft type rating for 
second-in-command privileges. The procedure for issuing a SIC type 
rating would be as follows:
    1. The SIC applicant must complete an approved second-in-command 
training program under parts 121, 125, or 135 in an aircraft that is 
certificated for operations with a minimum crew of at least two pilots 
and the aircraft's type certificate requires a pilot type rating.
    2. The person who provides the SIC training must sign the 
applicant's logbook or training record to verify the training was 
given. The verification of the training must be in accordance with 
Sec.  61.51(h)(2), and be documented in the SIC applicant's logbook or 
training record with the kind of ground and flight training and amount 
of training given [See Sec.  61.51(h)(2)]. The person who provided the 
training must sign the SIC applicant's logbook/training record after 
completion of each lesson.
    3. The SIC applicant must complete and sign an Airman Certificate 
and/or Rating Application, FAA Form 8710-1, and submit the application 
to an FAA Flight Standards District Office or to an

[[Page 67260]]

Examiner. The Examiner must have authority to conduct practical tests 
for pilot certification. A part 121 or part 135 Check Airman cannot 
review and approve the application unless that person also has examiner 
authority to conduct practical tests for pilot certification and holds 
an FAA Letter of Authority.
    4. The person(s) who provided the ground and flight training to the 
SIC applicant must sign the area of the FAA Form 8710-1 identified as 
the ``Instructor's Recommendation.'' This signoff is required in this 
area of FAA Form 8710-1 even if a pilot in command who does not hold a 
flight instructor certificate provided the training.
    5. The SIC applicant must appear in person at an FAA Flight 
Standards District Office or to an Examiner with his/her logbook/
training records and a completed and signed FAA Form 8710-1.
    6. The FAA Flight Standards District Office or Examiner reviews the 
SIC applicant's logbook and/or training record for ensuring completion 
of the required training and endorsements. An Aviation Safety 
Inspector, Aviation Safety Technician, or Examiner reviews the 
applicant's logbook/training record and informs the applicant that the 
SIC Privileges Only limitation may only be removed if that applicant 
completes the appropriate type rating practical test for pilot-in-
command qualification. There is no practical test required for the 
issuance of the SIC Privileges Only type rating.
    7. The FAA Flight Standards District Office completes the 
application and issues the applicant a temporary pilot certificate for 
an SIC type rating with the appropriate aircraft type rating with the 
limitation ``SIC Privileges Only.'' For example, an applicant who 
accomplishes SIC training in a Boeing 737 would receive a temporary 
pilot certificate that reads as follows:
    Commercial Pilot Certificate, Airplane Single Engine Land, Airplane 
Multiengine Land, Instrument Airplane, B-737 SIC Privileges Only.
    8. The FAA Flight Standards District Office forwards the 
application and newly issued temporary pilot certificate to the FAA 
Airman Certification Branch, AFS-760. If the application is made 
through an Examiner, the Examiner forwards the application and newly 
issued temporary pilot certificate to the Examiner's jurisdictional FAA 
Flight Standards District Office who sends the application and file to 
the FAA Airman Certification Branch, AFS-760.
    9. The FAA Airman Certification Branch processes the SIC 
applicant's application and temporary pilot certificate and issues the 
applicant a permanent pilot certificate.
    The FAA anticipates that many pilots have already completed their 
SIC training, whether it was Sec.  61.55(b) SIC familiarization 
training or an approved SIC training program under parts 121, 125, or 
135, and would be making application for an SIC pilot type rating based 
on past completion of SIC pilot training or a part 125 proficiency 
check. The procedures for making application for an SIC pilot type 
rating would basically be the same as previously stated in this 
document. The only difference would be that applicants who have 
completed their SIC training prior to the FAA issuing its final rule 
for SIC pilot type ratings would be required to show compliance with 
either the initial or recurrent SIC training within the preceding 12 
calendar months prior to the month of application for an SIC pilot type 
rating. The following examples illustrate how the rule would apply to 
pilots who have already completed their SIC training:

    Example No. 1: The date is January 30, 2005, and the final rule 
for issuing SIC pilot type ratings is now in effect. An airman 
completed initial Sec.  61.55(b) SIC pilot familiarization training 
in a Cessna 500 on August 6, 1998. The airman last completed 
recurrent Sec.  61.55(b) SIC pilot familiarization training in a 
Cessna 500 on August 6, 2000. This airman could not apply for a SIC 
pilot type rating for the CE500 until completing recurrent SIC 
familiarization training within the 12 calendar months before the 
month of application.
    Example No. 2: The date is January 30, 2005, and the final rule 
for issuing SIC pilot type ratings is now in effect. An airman 
completed initial part 121 SIC pilot training in a Boeing 737 on 
August 6, 1998. The airman has completed recurrent part 121 SIC 
pilot training in a Boeing 737 every 12 calendar months, including 
on August 13, 2004. This airman could apply for a SIC pilot type 
rating for the B737 because the recurrent training was completed 
within the 12 calendar months before January 2005.
    Example No. 3: The date is January 5, 2005, and the final rule 
for issuing SIC pilot type ratings is now in effect. An airman 
completed a part 125 SIC proficiency check in a Gulfstream IV on 
August 6, 1990. The airman next shows completion of a part 125 SIC 
proficiency check in a Gulfstream IV on January 23, 2004. This 
airman could apply for an SIC pilot type rating for the Gulfstream 
IV because part 125 SIC proficiency check was completed within the 
12 calendar months before January 2005.
    Example No. 4: The date is January 5, 2005, and the final rule 
for issuing SIC pilot type ratings is now in effect. An airman 
completed initial Sec.  61.55(b) SIC familiarization in a Lear 60 on 
August 6, 1990. The airman next shows completion of Sec.  61.55(b) 
SIC familiarization training in a Lear 60 on January 23, 2004. This 
airman could apply for an SIC pilot type rating for the Lear 60 
because the recurrent SIC familiarization training was completed 
within the 12 calendar months before January 2005.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. This proposal contains the 
following additional information collection requirement for pilots who 
apply for an SIC pilot type rating. As previously stated in this 
document, the primary purpose for this additional information 
collection requirement is to allow U.S. flight crews to continue to 
operate in international airspace without the threat of being grounded 
for not holding the appropriate pilot type rating.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the Department of Transportation has submitted the 
information requirements associated with this proposal to the Office of 
Management and Budget for its review.
    Title: Second-in-Command Pilot Type Rating.
    Summary: This proposal would establish an application process using 
the existing Airman Certificate and/or Rating Application, FAA Form 
8710-1, for pilots who apply for an SIC pilot type rating for the 
reasons previously stated. This proposal would generate a need for the 
FAA's Civil Aviation Registry and Flight Standards District Offices to 
support the processing of the FAA Form 8710-1 application and issuing 
the SIC pilot type rating.
    Respondents: The likely respondents to this proposal are the pilots 
who will be required to complete and submit the FAA Form 8710-1 
application when applying for an SIC pilot type rating. However, as it 
was previously stated in this document, the FAA wants it understood 
that as long as the person operates within the airspace of the United 
States (as defined in 14 CFR 91.1), a person won't be required to hold 
this proposed SIC pilot type rating. Only when a person operates in 
international airspace or the airspace of a foreign country where 
compliance with the pilot type rating standards of ICAO (i.e., ICAO 
Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A) or a foreign civil aviation 
authority's rule is it mandatory that U.S. pilot flightcrews hold the 
appropriate pilot type rating. As long as a person operates within the 
airspace of the United States (as defined in 14 CFR 91.1), that person 
only needs to comply

[[Page 67261]]

the SIC qualifications and training of 14 CFR 61.55.
    Frequency: Each pilot who needs to obtain the SIC pilot type rating 
will do so only once.
    Annual Burden Estimate: The FAA has no estimate of the annual 
recordkeeping and reporting burden.
    The FAA is requesting information from the public on the following 
questions:
    How many pilots will apply for an SIC pilot type rating on an 
annual basis?
    What are the annual burden hours to the public?
    What are the annual costs to pilot who will be applying for an SIC 
pilot type rating?
    What will be the total impact of this proposal?
    According to the regulations implementing the Paperwork Reduction 
Act of 1995, [5 CFR 1320.8(b)(2)(vi)], an agency may not conduct or 
sponsor, and a person is not required to respond to a collection of 
information unless it displays a currently valid control number issued 
by the Office of Management and Budget (OMB). If approved by OMB, the 
information collection requirement contained in this NPRM will be 
incorporated into the current approval of the Airman Certificate and/or 
Rating Application, FAA Form 8710-1. The approved OMB control number 
for the Airman Certificate and/or Rating Application, FAA Form 8710-1, 
is 2120-0021.

Economic Assessment, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis for U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation).
    For proposals with an expected minimal cost impact, a formal 
assessment of costs and benefits is not required. The Department of 
Transportation Order 2100.5 prescribes policies and procedures for 
simplification, analysis, and review of regulations. If it is 
determined that the expected impact is so minimal that the proposal 
does not warrant a full evaluation, a statement is included in the NPRM 
stating that the FAA has determined that the expected outcome will have 
a minimal impact with positive net benefits.
    The FAA's assessment of this NPRM indicates that its economic 
impact will be minimal because it does not propose to significantly 
change the SIC qualification requirements. The purpose of this NPRM is 
to conform FAA pilot type rating rules with our international 
obligations to ICAO, so as to remove an outstanding difference between 
our 14 CFR 61.55 SIC qualification requirements with the ICAO Annex 1, 
paragraphs 2.1.3.2 abd 2.1.4.1.A type rating standards.
    Accordingly, the FAA has determined that there may be minor costs 
to those pilots who will need the SIC pilot type rating for 
international flight operations. These costs could include the time 
required to complete the FAA Form 8710-1 and the time and expense of 
traveling to an examiner or FAA Flight Standards District Office to 
file the application. The FAA has determined there may be some benefits 
to U.S. operators and pilots when conducting flight operations in 
foreign airspace where a foreign country's civilian aviation authority 
may enforce ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A type rating 
standards. The FAA has thus determined that this NPRM would have 
minimal impact with positive net benefits. We specifically request 
comments from the public on this issue.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA 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 proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    This NPRM imposes minor costs on individuals by requiring U.S. 
pilots who fly overseas to obtain the SIC pilot type rating. 
Consequently, the FAA certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
The FAA solicits comments from the public regarding this determination.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this rulemaking and has determined that it would 
reduce trade barriers by narrowing the difference between the U.S. and 
ICAO regulations. The FAA has determined there may be some benefits to 
U.S. operators and pilots when conducting flight operations in foreign 
airspace where a foreign country's civilian aviation authority may 
enforce ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A type rating 
standards.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal

[[Page 67262]]

agency to prepare a written statement assessing the effects of any 
Federal mandate in a proposed or final agency rule that may result in 
an expenditure of $100 million or more (adjusted annually for 
inflation) in any one year by State, local, and tribal governments, in 
the aggregate, or by the private sector; such a mandate is deemed to be 
a ``significant regulatory action.'' The FAA currently uses an 
inflation-adjusted value of $120.7 million in lieu of $100 million.
    This NPRM does not contain such a mandate. The requirements of 
Title II of the Act, therefore, do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, ``Federalism,'' dated August 4, 1999 
(64 FR 43255). We have determined that this action would 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, and 
therefore would not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 307(k) and involves no 
extraordinary circumstances. This NPRM proposes to allow for the 
issuance of pilot type ratings to SIC pilot crewmembers in order to 
conform the FAA pilot type rating requirements to the ICAO pilot type 
ratings standards.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use'' (May 18, 2001). We have determined that 
it is not a ``significant energy action'' under the executive order 
because it is not a ``significant regulatory action'' under Executive 
Order 12866, and it is not likely to have a significant adverse effect 
on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Aviation safety, and Reporting and recordkeeping 
requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend Chapter H of Title 14 Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

    1. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    2. Amend Sec.  61.5 by adding new paragraph (b)(5)(iv) to read as 
follows:


Sec.  61.5  Certificates and ratings issued under this part.

* * * * *
    (b) * * *
    (5) * * *
    (iv) Second-in-command type rating for aircraft that is 
certificated for operations with a minimum crew of at least two pilots.
* * * * *
    3. Amend Sec.  61.55 by revising the introductory language of 
paragraph (a), revising paragraph (a)(2), adding new paragraph (a)(3); 
redesignating existing paragraphs (d) through (h) as paragraphs (f) 
through (j) and adding new paragraphs (d) and (e) to read as follows:


Sec.  61.55  Second-in-command qualifications.

    (a) Except as provided in paragraph (e) of this section, no person 
may serve as a second-in-command of an aircraft type certificated for 
more than one required pilot flight crewmember or in operations 
requiring a second-in-command unless that person holds:
    (1) * * *
    (2) An instrument rating that applies to the aircraft being flown 
if the flight is under IFR; and
    (3) An aircraft type rating for aircraft that is certificated for 
operations with a minimum crew of at least two pilots.
* * * * *
    (d) If a person complies with the second-in-command familiarization 
training requirements in paragraph (b) of this section in an aircraft 
that is certificated for operations with a minimum crew of at least two 
pilots and the aircraft's type certificate requires a pilot type 
rating, then that person is entitled to receive that aircraft type 
rating for second-in-command privileges.
    (e) A person who has satisfactorily completed an approved second-
in-command training program under 14 CFR parts 121, 125, or 135 in an 
aircraft that is certificated for operations with a minimum crew of at 
least two pilots and the aircraft's type certificate requires a pilot 
type rating, then that person is entitled to receive that aircraft type 
rating for second-in-command privileges.
* * * * *

    Issued in Washington, DC, on November 9, 2004.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. 04-25415 Filed 11-15-04; 8:45 am]
BILLING CODE 4910-13-U