[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66261-66263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No.: FAA-2013-0780; Amdt. No. 61-131]
RIN 2120-AK23


Certified Flight Instructor Flight Reviews; Recent Pilot in 
Command Experience; Airmen Online Services; Confirmation of Effective 
Date

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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[[Page 66262]]

SUMMARY: This action confirms the effective date of the direct final 
rule published on September 16, 2013, and responds to the comments 
received on that direct final rule. The rule permits an airman who 
passes a practical test for issuance of a flight instructor 
certificate, a practical test for the addition of a rating to a flight 
instructor certificate, a practical test for renewal of a flight 
instructor certificate, or a practical test for the reinstatement of a 
flight instructor certificate to meet the 24-calendar month flight 
review requirements. This rule also clarifies that the generally 
applicable recent flight experience requirements do not apply to a 
pilot in command who is employed by a commuter or on-demand operator if 
the pilot in command is in compliance with the specific pilot in 
command qualifications and recent experience requirements for that 
commuter or on-demand operator. Finally, this rule permits replacement 
airman and medical certificates to be requested online, or by any other 
method acceptable to the Administrator. These changes relieve 
regulatory burdens and clarify existing regulations.

DATES: The direct final rule published September 16, 2013, at 78 FR 
56822, becomes effective on November 15, 2013.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this action, see ``How To 
Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Allan G. Kash, Airmen Certification and Training 
Branch, Flight Standards Service, AFS-810, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 385-9621; email [email protected].
    For legal questions concerning this action, contact Anne Moore, 
Office of the Chief Counsel--International Law, Legislation, and 
Regulations Division, AGC-200, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3123; email [email protected].

SUPPLEMENTARY INFORMATION:

Background and Discussion of the Direct Final Rule

Flight Review

    The purpose of the flight review is to provide for a regular 
assessment of pilot skills and aeronautical knowledge. When the 
requirement was first introduced, the FAA stated that the flight review 
would assure that every pilot would have a qualified individual comment 
on his or her competency at least once every two years, as discussed in 
38 FR 3156 (February 1, 1973).
    Section 61.56 sets forth certain exceptions to the requirement for 
a pilot to accomplish a flight review. Among these exceptions, a person 
who has, within the prescribed 24-month period, ``passed a pilot 
proficiency check conducted by an FAA examiner, an approved pilot check 
airman, or a U.S. Armed Force, for a pilot certificate, rating, or 
operating privilege,'' need not accomplish the required flight review 
required by Sec.  61.56(d). In addition, pilots employed by a part 119 
certificate holder conducting operations under part 121 and part 135 
receive recurring training and proficiency checks, conducted by an FAA 
examiner or approved pilot check airman provided by their employer, 
which exceed the requirements of a flight review.
    Industry advocacy groups indicated they believed that the flight 
instructor certification covers much more than the regulatory 
requirements of a flight review. These groups indicated support for 
amendment of the regulations to allow for a flight instructor practical 
test to be included as an exception to completing a flight review. As 
discussed further in the direct final rule, the FAA agreed with this 
view. The direct final rule published September 16, 2013, modified 
Sec.  61.56(d) to allow an airman who passes a practical test for 
issuance of a flight instructor certificate, a practical test for the 
addition of a rating to a flight instructor certificate, a practical 
test for renewal of a flight instructor certificate, or a practical 
test for the reinstatement of a flight instructor certificate to meet 
the flight review requirements of 14 CFR part 61.

Recent Flight Experience

    Section 61.57 sets forth the recent flight experience requirements 
to act as pilot in command of an aircraft. Section 61.57(e)(2) states 
that this section does not apply ``to a pilot in command who is 
employed by an air carrier certificated under part 121 or 135 and is 
engaged in a flight operation under part 91, 121, or 135 for that air 
carrier if the pilot is in compliance with'' the pilot-in-command 
requirements in Sec.  121.435 or Sec.  121.436, as applicable, and 
Sec.  121.439 or Sec. Sec.  135.243 and 135.247, as appropriate. The 
FAA received several requests for clarification of whether, under the 
specific language of Sec.  61.57(e)(2), the exception applies only to a 
pilot in command employed by the holder of a part 119 air carrier 
certificate or whether it also extends to a pilot in command employed 
by the holder of a part 119 operating certificate.
    When the FAA first proposed this exception to the recent flight 
experience requirements in Sec.  61.57, it stated that the intention 
was to provide relief from ``essentially redundant recency 
requirements'' for part 121 and part 135 operators and their pilots in 
command (59 FR 56385, November 14, 1994). In that final rule, then-
Sec.  61.57(f) stated that the recent flight experience requirements in 
part 61 did not apply ``to a pilot in command, employed by a 14 CFR 
part 121 or part 135 operator, engaged in flight operations under 14 
CFR part 91, 121, or 135 for that operator.'' The FAA refined the 
language in a 1997 final rule and, in doing so, introduced the term 
``air carrier'' in place of the term ``operator'' (62 FR 16220, April 
7, 1997).
    The FAA did not intend to limit the exception to pilots employed by 
air carriers operating in parts 121 and 135. The FAA intended to 
include any pilot in command who is employed by a part 119 certificate 
holder authorized to conduct operations under part 121 or part 135 when 
the pilot is engaged in operations under parts 91, 121, or 135 for that 
certificate holder if the pilot in command is in compliance with 
Sec. Sec.  121.435 or 121.436, as applicable, and Sec.  121.439 or 
Sec. Sec.  135.243 and 135.247, as appropriate.
    Consequently, in the direct final rule published September 16, 
2013, the FAA amended the language in Sec.  61.57(e) to make clear that 
the recent flight experience requirements of that section do not apply 
to a pilot in command who is employed by the holder of an operating 
certificate that is conducting operations under part 121 or part 135 if 
the pilot in command is also in compliance with Sec.  121.435 or Sec.  
121.436, as applicable, and Sec.  121.439, or Sec. Sec.  135.243 and 
135.247, as appropriate.

Airmen Online Services

    In the case of a lost or destroyed airman or medical certificate, 
Sec.  61.29(a) and (b) permit a pilot to request the replacement of a 
lost or destroyed airman certificate issued under part 61. Replacement 
airman certificates may be requested by letter to the Department of 
Transportation, FAA, Airmen Certification Branch, and replacement 
medical certificates may be requested by letter to the Department of 
Transportation, FAA, Aerospace Medical Certification Division.
    Although current regulations recognize requests for replacement 
certificates only by letter, the FAA has established Airmen Online 
Services

[[Page 66263]]

through which a pilot can request a replacement airman certificate or 
obtain a document that provides temporary authority to exercise the 
privileges of an airman certificate by facsimile or through internet 
download at the FAA Web site: http://www.faa.gov/licenses_certificates/airmen_certification/certificate_replacement/. The use 
of Airmen Online Services is not addressed or recognized in Sec.  
61.29. Therefore, in the direct final rule published September 16, 
2013, the FAA amended the language in Sec.  61.29 to reflect the use of 
Airmen Online Services or any method acceptable to the FAA for the 
purpose of obtaining a replacement certificate or 60-day authority to 
exercise the privileges of a lost or stolen certificate.
    The FAA also revised Sec.  61.3 to clarify that temporary documents 
issued under Sec.  61.29(e) are acceptable for meeting the Sec.  61.3 
requirement that a pilot have his or her pilot certificate and medical 
certificate in the person's physical possession when serving as a 
required flightcrew member.

Discussion of Comments

    The FAA received 7 comments to the direct final rule. All 
commenters supported the rule as published. Commenters supported the 
regulatory changes, noting that they would relieve burdens for the 
regulated community, and would potentially reduce costs for certified 
flight instructors.

Conclusion

    After consideration of the comments submitted in response to the 
direct final rule, the FAA has determined that no further rulemaking 
action is necessary. Therefore, the direct final rule published 
September 16, 2013 at 78 FR 56822, Amendment No. 61-131, will become 
effective November 15, 2013.

How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document my be obtained by using 
the Internet--
    1. Search the Federal eRulemaking Portal at http://www.regulations.gov;
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document, 
may contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on December 31, 2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013-26472 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-13-P