[Federal Register Volume 70, Number 207 (Thursday, October 27, 2005)]
[Rules and Regulations]
[Pages 61888-61891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21463]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2004-19630; Amendment No. 61-109]
RIN 2120-AI38


Second-in-Command Pilot Type Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: We are correcting errors in a final rule published in the 
Federal Register on August 4, 2005. That final rule revised pilot 
certification regulations by establishing a second-in-command (SIC) 
pilot type rating and associated qualifying procedures. We are also 
correcting cross references and other minor errors in the pre-existing

[[Page 61889]]

regulations that were inadvertently carried over.

DATES: These corrections are effective September 6, 2005.

FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and 
General Aviation Operations 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 or via the Internet at: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On August 4, 2005, the FAA amended its regulations to provide for 
issuance of a pilot type rating for SIC privileges when a person 
completes the SIC pilot familiarization training set forth under 14 CFR 
61.55(b), an FAA-approved SIC training curriculum under 14 CFR parts 
121 or 135, or a proficiency check under 14 CFR part 125. See 70 FR 
45263. The amendments adopted on August 4, 2005, are based on a notice 
of proposed rulemaking (NPRM) published in the Federal Register on 
November 16, 2004. See 69 FR 67258.
    The amendments require pilots acting as second in command and who 
plan to fly outside U.S. domestic airspace and land in foreign 
countries to obtain the SIC pilot type rating. The amendments also 
established two procedures for obtaining the SIC pilot type rating. The 
effective date of the amendments is September 6, 2005. The effective 
date is the date the amendments affect the current Code of Federal 
Regulations.
    On September 9, 2005, the FAA published a final rule establishing a 
compliance date for the SIC pilot type rating final rule. See 70 FR 
53560. The compliance date is June 6, 2006. A compliance date, in 
contrast to an effective date, is the date that those affected by the 
rule must begin to follow it. Thus, pilots acting as a second in 
command and who will be flying outside U.S. domestic airspace and 
landing in a foreign country must hold the appropriate SIC pilot type 
rating no later than June 6, 2006.
    Neither the effective date, nor the compliance date, of the final 
rule are affected by these corrections. These corrections are effective 
as if they had been included in the final rule. Accordingly, these 
corrections have the same effective date as the final rule, September 
6, 2005.

Description of Corrections

    As described below, the FAA is making non-substantive corrections 
to the SIC pilot type rating final rule.

14 CFR 61.55(a)

    We are deleting the introductory phrase ``Except as provided in 
paragraph (f) of this section.'' That phrase erroneously excludes 
pilots employed by operators that conduct operations under subpart K of 
part 91, parts 121, 125, or 135 from the requirement to hold a SIC 
pilot type rating. In the preamble of the final rule, we did not 
exclude pilots conducting operations under subpart K of part 91, parts 
121, 125, or 135 from the requirement to hold the SIC pilot type rating 
when operating an aircraft outside U.S. domestic airspace that takeoffs 
or lands in a foreign country. The entire purpose for the amendments 
under 14 CFR 61.55 was to conform U.S. pilot type rating requirements 
to the International Civil Aviation Organization's (ICAO) pilot type 
ratings standards (See ICAO Annex 1, paragraphs 2.1.3.2 and 2.1.4.1.A). 
This change conforms the regulatory language to the preamble 
discussion.

14 CFR 61.55(a)(2)

    We are adding the words ``or privilege'' to acknowledge that those 
who hold an airline transport pilot certificate where instrument 
privileges are inferred also may qualify for the SIC pilot type rating. 
This action corrects an error in the pre-existing rule that was 
inadvertently carried over into the final rule adopted on August 4, 
2005.

14 CFR 61.55(b)

    We are correcting an erroneous cross reference in the introductory 
language of this paragraph to read ``Except as provided in paragraph 
(e) of this section.'' By adding the SIC pilot type rating requirements 
while retaining some of the original language, the August 4, 2005, 
final rule unintentionally created an exception. Pilots who have 
satisfactorily completed a proficiency check or competency check under 
subpart K of part 91, parts 121, 125, or 135 do not have to complete 
the familiarization training of paragraph (b).

14 CFR 61.55(b)(2)

    We are deleting the cross reference in the introductory language 
because it is unnecessary.

14 CFR 61.55(d) and (e)

    We are adding the phrase ``provided the training was completed 
within the 12 calendar months before the month of application for the 
SIC pilot type rating'' to both paragraphs (d) and (e). This will 
conform the regulatory text to the preamble discussion in the August 4, 
2005, final rule. In the preamble to the final rule, we provided 
examples illustrating that completion of the required training had to 
occur within the 12 calendar months before the month of application for 
the SIC pilot type rating. This was clearly the intent of the final 
rule, yet the corresponding regulatory language was inadvertently 
omitted from the regulatory text.

14 CFR 61.55(f)

    We are amending the introductory language of this paragraph to 
exempt certain pilots from the familiarization training requirements of 
14 CFR 61.55(b). This action corrects an error in pre-existing 14 CFR 
61.55(d) that was inadvertently carried over into the August 4, 2005, 
final rule.
    Pilots employed by operators that conduct operations under subpart 
K of part 91 and parts 121, 125, or 135 do not have to complete the SIC 
familiarization training described under paragraph (b) of this section. 
Instead, pilots that are employed by operators that conduct operations 
under subpart K of part 91 and parts 121, 125, or 135 must comply with 
the requirements of paragraph (e) of this section to qualify for a SIC 
pilot type rating.

14 CFR 61.55(i)

    We are deleting the introductory phrase ``Except as provided in 
paragraph (h) of this section.'' This action corrects an error in pre-
existing 14 CFR 61.55(g) that was inadvertently carried over into the 
August 4, 2005, final rule, which redesignated paragraph (g) as 
paragraph (i).
    We are adding the phrase ``The training required under paragraphs 
(b) and (d) of this section and the training and proficiency check 
required under paragraph (e) of this section.'' This clarifies that a 
flight simulator may be used in an approved training course conducted 
by a training center certificated under part 142 of this chapter or for 
the training and proficiency check under parts 121 or 135 of this 
chapter. This is a non-substantive correction because parts 121 and 135 
already allow the use of a flight simulator in an approved training 
course and for the required proficiency/competency check.

14 CFR 61.55(j)

    We are deleting the phrase ``who is qualifying under the terms of 
paragraph (g) of this section'' because it is

[[Page 61890]]

unnecessary. We also made editorial changes for the purpose of clarity.
    Under our rules in effect before we adopted the August 4, 2005, 
final rule, certain pilots who received SIC training in an approved 
flight simulator did not have to complete at least one takeoff and 
landing in an aircraft of the type for which they were seeking the SIC 
qualification. See pre-existing 14 CFR 61.55(d). The August 4, 2005, 
final rule eliminated the exception. This had the unintentional effect 
of requiring the previously exempt simulator trainees to complete an 
actual takeoff and landing. This is a significant new requirement--one 
that we could not undertake without giving the public adequate notice 
and opportunity to comment. Thus, this correction adds a sentence to 
paragraph (j) of Sec.  61.55 to re-establish the pre-existing 
exception. Pilots who complete a proficiency check under part 121 
(i.e., Sec.  121.441) or competency check under subpart K, part 91 
(i.e., Sec.  91.1065), part 125 (i.e., Sec.  125.287), or part 135 
(i.e., Sec.  135.293) do not have to complete a takeoff and landing in 
an aircraft of the type for which they seek the SIC qualification.

Good Cause for Foregoing Public Notice and Comment

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before a rule 
takes effect. This is to comply with section 553(b) of the 
Administrative Procedure Act (5 U.S.C. 553(b)). However, we can waive 
the public notice and comment procedure if we find, for good cause, 
that the notice and comment process is impracticable, unnecessary, or 
contrary to the public interest. We must provide a statement of the 
finding and the reasons for it.
    The SIC pilot type rating requirements under the August 4, 2005, 
final rule were subject to notice and comment procedures. This 
correction notice makes changes to conform the regulatory text to the 
requirements described in the preamble of the August 4, 2005, final 
rule. This correction notice also changes incorrect references and 
corrects errors in the pre-existing regulations that were inadvertently 
carried over. This correction notice is intended to ensure that the 
August 4, 2005, final rule accurately reflects the SIC pilot type 
rating requirements. Therefore, we find it unnecessary to undertake 
further notice and comment procedures with respect to this correction 
notice.

Good Cause for Waiving the 30-Day Delay in Effective Date

    We ordinarily provide a 30-day delay in the effective date of a 
final rule after the date of publication in the Federal Register. This 
is to comply with section 553(d) of the Administrative Procedure Act (5 
U.S.C. 553(d)). However, we can waive the 30-day delay if we find, for 
good cause, that the delay is impracticable, unnecessary, or contrary 
to the public interest. We must provide a statement of the finding and 
the reasons for it.
    We find that it is in the public interest to ensure that the August 
4, 2005, final rule accurately reflects the SIC pilot type rating 
requirements. A delay in the effective date of these corrections would 
be contrary to the public interest. We also find that it is in the 
public interest to apply the changes in the correction notice 
retroactively to September 6, 2005, the effective date of the August 4, 
2005, final rule. There is a limited amount of time available for 
affected pilots to comply with the final rule. The compliance date is 
June 6, 2006. Any further delay in the effective date of these changes 
would reduce the amount of time available.

List of Subjects in 14 CFR Part 61

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

The Amendment

0
For the reasons stated above, the Federal Aviation Administration 
amends Chapter I of Title 14 of the Code of Federal Regulations as 
follows:

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

0
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.


0
2. Amend Sec.  61.55 as follows:
0
a. Revise the introductory language of paragraph (a) as set forth 
below;
0
b. Revise paragraph (a)(2) as set forth below;
0
c. Revise the introductory language of paragraph (b) as set forth 
below;
0
d. Revise the introductory language of paragraph (b)(2) as set forth 
below;
0
e. Revise the introductory language of paragraph (d) as set forth 
below;
0
f. Revise the introductory language of paragraph (e) as set forth 
below;
0
g. Revise the introductory language of paragraph (f) as set forth 
below;
0
h. Revise paragraph (i) as set forth below; and
0
i. Revise paragraph (j) as set forth below:


Sec.  61.55  Second-in-command qualifications.

    (a) A 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 pilot flight crewmember only 
if that person holds:
* * * * *
    (2) An instrument rating or privilege that applies to the aircraft 
being flown if the flight is under IFR; and
* * * * *
    (b) 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 has within the 
previous 12 calendar months:
* * * * *
    (2) Except as provided in paragraph (g) of this section, performed 
and logged pilot time in the type of aircraft or in a flight simulator 
that represents the type of aircraft for which second-in-command 
privileges are requested, which includes--
* * * * *
    (d) A person may receive a second-in-command pilot type rating for 
an aircraft after satisfactorily completing the second-in-command 
familiarization training requirements under paragraph (b) of this 
section in that type of aircraft provided the training was completed 
within the 12 calendar months before the month of application for the 
SIC pilot type rating. The person must comply with the following 
application and pilot certification procedures:
* * * * *
    (e) A person may receive a second-in-command pilot type rating for 
the type of aircraft after satisfactorily completing an approved 
second-in-command training program, proficiency check, or competency 
check under subpart K of part 91, part 121, part 125, or part 135, as 
appropriate, in that type of aircraft provided the training was 
completed within the 12 calendar months before the month of application 
for the SIC pilot type rating. The person must comply with the 
following application and pilot certification procedures:
* * * * *
    (f) The familiarization training requirements of paragraph (b) of 
this section do not apply to a person who is:
* * * * *
    (i) The training under paragraphs (b) and (d) of this section and 
the training,

[[Page 61891]]

proficiency check, and competency check under paragraph (e) of this 
section may be accomplished in a flight simulator that is used in 
accordance with an approved training course conducted by a training 
center certificated under part 142 of this chapter or under subpart K 
of part 91, part 121 or part 135 of this chapter.
    (j) When an applicant for an initial second-in-command 
qualification for a particular type of aircraft receives all the 
training in a flight simulator, that applicant must satisfactorily 
complete one takeoff and one landing in an aircraft of the same type 
for which the qualification is sought. This requirement does not apply 
to an applicant who completes a proficiency check under part 121 or 
competency check under subpart K, part 91, part 125, or part 135 for 
the particular type of aircraft.

    Issued in Washington, DC, on October 21, 2005.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division, Office of the Chief 
Counsel.
[FR Doc. 05-21463 Filed 10-26-05; 8:45 am]
BILLING CODE 4910-13-P