[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Proposed Rules]
[Pages 67983-67984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26919]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2013-0944]


Proposed Legal Interpretation

AGENCY: Federal Aviation Administration (FAA)

ACTION: Proposed legal interpretation.

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[[Page 67984]]

SUMMARY: The FAA is proposing to clarify the qualification requirements 
for the pilot assigned as second in command on a flight in part 121 
operations that requires three or more pilots and the pilot who 
provides relief to the assigned second in command during the en route 
cruise portion of the flight.

DATES: Comments must be received on or before January 13, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0944 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Room W12-140, 
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.

FOR FURTHER INFORMATION CONTACT: Sara Mikolop, Attorney, Regulations 
Division, Office of the Chief Counsel, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-
3073.

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration's Office 
of the Chief Counsel has received multiple requests for a legal 
interpretation regarding (1) the qualification requirements for both an 
assigned SIC on a part 121 flight requiring three or more pilots and 
(2) the qualification requirements for the pilot who relieves the 
assigned second in command (SIC) during the en route cruise portion of 
a flight. This proposed legal interpretation addresses the 
qualification requirements for the assigned SIC and the pilot relieving 
the assigned SIC. The agency is seeking comments on this proposed legal 
interpretation because, while the existing interpretations with respect 
to the requirements of Sec.  121.432(a) are clear, these 
interpretations may not be consistently applied and the agency is 
considering whether they are still appropriate.
    Part 121 requires a minimum of two pilots for every operation and 
states that ``the certificate holder shall designate one pilot as pilot 
in command and the other second in command.'' See 14 CFR 121.385(c). 
However, certain part 121 operations require more than two pilots due 
to the operating rules that address pilot flight duty and rest, 
limiting the amount of time a pilot may be aloft or at the controls. 
See 14 CFR part 121, subparts R and S. By assigning one or more 
additional pilots to a long range flight, a certificate holder can 
ensure that the assigned pilot in command (PIC) and assigned SIC may 
each have an opportunity to rest during the flight if needed or if 
required to comply with the flight duty and rest requirements of part 
121.
    In those instances in which a part 121 operation requires three or 
more pilots, Sec.  121.432(a) \1\ establishes additional qualification 
standards for the assigned SIC. Section 121.432(a) requires a pilot who 
serves as SIC of an operation that requires three or more pilots to 
meet all PIC qualification requirements except for PIC operating 
experience. See Legal Interpretation 1978-27. The agency explained in 
the preamble to the provision now codified at Sec.  121.432(a) that 
this provision is not limited to one particular aspect of PIC 
qualification. See 35 FR 84, 87 (Jan. 3, 1970); Legal Interpretation 
1978-27. Rather, it covers broad PIC qualification requirements, 
inclusive of PIC proficiency checks. See 30 FR 6725, 6725 (May 18, 
1965) (requiring the second in command in a crew requiring three or 
more pilots to complete the same semi-annual proficiency checks as the 
pilot in command); 34 FR 6112, 6113 (April 4, 1969) (proposing 
121.432(c), the predecessor to 121.432(a), to remove the repetitious 
stating of requirements for the second in command of a crew of three or 
more pilots); 35 FR 84, 87 (Jan. 3, 1970); Legal Interpretation 1978-27 
(discussing regulatory history of Sec.  121.432(a) including 
requirements for PIC proficiency checks in Sec.  121.441).
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    \1\ Section 121.432(a) states, ``Except in the case of operating 
experience under Sec.  121.434, a pilot who serves as second in 
command of an operation that requires three or more pilots must be 
fully qualified to act as pilot in command of that operation.''
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    The assigned SIC is a required flightcrew member and as such may 
only leave his or her duty station for purposes of rest during the en 
route cruise portion of the flight, if relief is provided by a pilot 
who meets the requirements identified in Sec.  121.543(b)(3)(ii) to act 
as SIC of the aircraft during the en route cruise portion of the 
flight.\2\ See 42 FR 37417, 37420 (July 21, 1977). Once a relief pilot 
assumes the responsibilities of the assigned SIC, the relief pilot 
becomes a ``required'' flightcrew member within the meaning of Sec.  
121.543 and must remain at that duty station until relief is provided 
in accordance with Sec.  121.543(b)(3)(ii).
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    \2\ Section 121.543(b)(3)(ii) allows a required flightcrew 
member to leave the assigned duty station if the crewmember is 
taking a rest and relief is provided, ``In the case of the assigned 
second in command, by a pilot qualified to act as second in command 
of that aircraft during en route operations. However, the relief 
pilot need not meet the recent experience requirements of Sec.  
121.439(b).'' The agency notes that the requirements for PIC relief 
are independent from the requirements for SIC relief. Requirements 
for PIC relief for purposes of rest during the en route cruise 
portion of the flight can be found in a separate paragraph, Sec.  
121.543(b)(3)(i). An assigned PIC may only be relieved by a pilot 
who holds an ATP and appropriate type rating. See 14 CFR 
121.543(b)(3)(i). Further, the PIC relief pilot may be either a 
fully qualified PIC or an SIC qualified to act as PIC en route. See 
id. An SIC qualified to act as PIC en route means an SIC who has 
completed all PIC qualification requirements except for the 
following: 6-month recurrent training required by Sec.  
121.433(c)(1)(iii); the operating experience required by Sec.  
121.434; the takeoffs and landings required by Sec.  121.439; the 
line check required by Sec.  121.440; and the 6-month proficiency 
check or simulator training required by Sec.  121.441(a)(1). See id.
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    To relieve the assigned SIC during the en route portion of a flight 
(the only time the assigned SIC may leave their duty station), a pilot 
must meet the part 121 SIC qualification requirements, except for the 
recency of experience requirement in Sec.  121.439 (three takeoffs and 
landings within 90 days). See Sec.  121.543(b)(3)(ii). In contrast with 
Sec.  121.432(a), which adds PIC qualification requirements to serve as 
the assigned SIC in a crew of three or more pilots, the relief pilot 
requirements in Sec.  121.543(b)(3)(ii) do not identify any additional 
qualification requirements for service as SIC en route. Accordingly, 
the pilot relieving the assigned SIC during the en route portion of the 
flight need not meet the additional SIC qualification requirements 
identified Sec.  121.432(a).
    Finally, the agency notes that Sec.  121.543(b)(3)(ii) does not 
serve as a substitute for the qualification requirements in Sec.  
121.432(a), applicable to the assigned SIC of a part 121 operation that 
requires three or more pilots. Thus, the exception to the recency 
requirement in Sec.  121.543(b)(3)(ii) applies only to a pilot who 
relieves the SIC during the en route cruise portion of the flight.

    Issued in Washington, DC, on November 4, 2013.
Mark W. Bury,
Assistant Chief Counsel for International Law, Legislation and 
Regulations.
[FR Doc. 2013-26919 Filed 11-12-13; 8:45 am]
BILLING CODE 4910-13-P