[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Proposed Rules]
[Pages 65316-65322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27402]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / 
Proposed Rules  

[[Page 65316]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No.: FAA-2018-1050; Notice No. 18-05]
RIN 2120-AL23


Removal of Training Requirements for an Airline Transport Pilot 
Certificate Issued Concurrently With a Single-Engine Airplane Type 
Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking (NPRM) would remove an 
unnecessary multiengine training requirement for pilots seeking to 
obtain an initial airline transport pilot (ATP) certificate 
concurrently with a single-engine airplane type rating. This action 
also proposes to revise several pilot certification regulations by 
removing the July 31, 2014 date, which served as the compliance date 
for the multiengine ATP training requirements, because the date is no 
longer necessary.

DATES: Send comments by February 19, 2019

ADDRESSES: Send comments identified by docket number 2018-1050 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 (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take 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.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the 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.

FOR FURTHER INFORMATION CONTACT: Barbara Adams, Air Transportation 
Division, Air Carrier Training Systems and Voluntary Safety Programs 
Branch, Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone 202-267-8166; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promulgate regulations and minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security; and 49 U.S.C. 44703(a), which requires 
the Administrator to prescribe regulations for the issuance of airman 
certificates when the Administrator finds, after investigation, that an 
individual is qualified for, and physically able to perform the duties 
related to, the position authorized by the certificate. This rulemaking 
is within the scope of the FAA's authority because it amends the 
eligibility requirements for the issuance of a single-engine airplane 
ATP certificate.

Table of Contents

I. Overview of Proposed Rule
II. Background
    A. Current Regulations
    B. History
III. Discussion of the Proposal
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
V. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, International Cooperation
    D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs
VI. Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents
    C. Small Business Regulatory Enforcement Fairness Act

I. Overview of Proposed Rule

    This NPRM would remove an unnecessary multiengine training 
requirement for pilots seeking to obtain an initial airline transport 
pilot (ATP) certificate concurrently with a single-engine airplane type 
rating. The FAA also proposes to revise several pilot certification 
regulations by removing the July 31, 2014 date, which served as the 
compliance date for the multiengine ATP training requirements, because 
the date is no longer necessary.

II. Background

A. Current Regulations

    Current regulations require a pilot seeking an ATP certificate 
concurrently with an airplane type rating to complete training in an 
FAA-approved course from an authorized training provider, including 
ground training and flight simulation training device (FSTD) training 
in a device that represents a multiengine airplane. Therefore, this 
training requirement was intended for pilots seeking an ATP certificate 
in a multiengine airplane. However, because of the way the regulations 
are written,\1\

[[Page 65317]]

the requirement for training in a multiengine airplane has the 
unintended effect of applying to a pilot seeking a type rating for a 
single-engine airplane concurrently with an ATP certificate. When the 
training requirement became effective in 2014, there were no single-
engine airplanes that required the pilot to obtain a type rating prior 
to serving as pilot in command. However, with the certification of the 
Cirrus Vision Jet in 2016, there is now is a single-engine airplane 
that requires the pilot to obtain a type rating prior to serving as 
pilot in command. Under the current regulations, if a pilot seeks to 
obtain the type rating in the Cirrus Vision Jet concurrently with the 
initial issuance of the ATP certificate in the airplane category with a 
single-engine type rating, that pilot would be required to complete the 
multiengine training to be eligible for the practical test.
---------------------------------------------------------------------------

    \1\ 14 CFR 61.156 specifically states the training requirement 
applies to a pilot seeking a multiengine class rating on his or her 
ATP certificate or a pilot seeking an airplane type rating 
concurrent with an ATP certificate. The use of ``airplane type 
rating'' means it applies to both single-engine and multiengine 
airplane type ratings. In paragraph (b), however, the FSTD training 
is required to be in a device that represents a multiengine 
airplane.
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B. History

    The Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216) (the ``Act'') was signed into law in 
August 2010 and included provisions to improve airline safety and pilot 
certification and training. In response to the Act, FAA modified the 
eligibility requirements for an ATP certificate with an airplane 
category multiengine class rating with the publication of the Pilot 
Certification and Qualification Requirements for Air Carrier Operations 
Final Rule (78 FR 42324) in July 2013 (2013 Final Rule). Section 216 of 
the Act specifically required all pilots in part 121 to have an ATP 
certificate and an appropriate amount of multiengine time. Section 217 
of the Act established minimum qualifications for an ATP certificate 
that were focused on air carrier pilots and multiengine airplane 
experience. The statutes did not address single-engine airplanes. 
Additionally, part 121 prohibits the use of single-engine airplanes.\2\
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    \2\ 14 CFR 121.159 prohibits use of a single-engine airplane in 
part 121 operations.
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    To address the ATP requirements set forth in the Act, the FAA 
established a requirement for a pilot to complete an FAA-approved ATP 
certification training program (ATP CTP) that includes ground training 
and flight training in a multiengine flight simulation training device 
(FSTD). Pilots must complete the ATP CTP to be eligible for the 
multiengine ATP knowledge test.\3\ Upon review of the regulatory 
requirements for an ATP certificate, the FAA found that some of them, 
as written, do not distinguish between a pilot getting a single-engine 
airplane rating and a multiengine airplane rating. For example, as 
noted, pilots seeking an ``airline transport pilot certificate obtained 
concurrently with an airplane type rating'' are required to complete 
the ATP CTP specified in Sec.  61.156 and receive a graduation 
certificate from an authorized training provider. With that express 
language, pilots seeking an ATP certificate concurrently with a single-
engine airplane type rating must complete multiengine airplane training 
to obtain an ATP certificate in a single-engine airplane.
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    \3\ These training requirements are found in 14 CFR 61.156.
---------------------------------------------------------------------------

    At the time the 2013 Final Rule published, there were no single-
engine airplanes that required a type rating to serve as pilot in 
command (PIC); therefore, there were no comments indicating concern 
with completing multiengine training to be eligible for a type rating. 
However, since the 2013 Final Rule published, Cirrus Aircraft received 
type certification for its single-engine Vision Jet (SF50) \4\ and a 
pilot is required to hold a type rating for that airplane to serve as 
PIC. The way that Sec.  61.156 is written, a pilot cannot complete a 
practical test for an initial ATP certificate with the SF50 type rating 
unless the pilot completes multiengine training. Alternatively, to 
avoid the training requirement, a pilot could use a different single-
engine airplane (i.e., one that does not require a type rating) to 
obtain the initial ATP certificate and then complete a second practical 
test in the SF50 to add the type rating to the ATP certificate.\5\ Or, 
a pilot could add the type rating to his or her commercial pilot 
certificate first and then complete an ATP practical test in a 
different single-engine airplane and the SF50 type rating would be 
carried forward to the ATP certificate. In either case the pilot would 
be taking an additional and unnecessary practical test to avoid 
completing the multiengine training in the ATP CTP.
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    \4\ Cirrus Aircraft received type certification of the SF50 
Vision Jet in October 2016.
    \5\ 14 CFR 61.157(b).
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III. Discussion of the Proposal

    As previously mentioned, several sections in part 61 apply to a 
pilot seeking an ATP certificate with a multiengine airplane rating or 
an ATP certificate concurrently with an ``airplane type rating.'' While 
these regulations were intended to apply to pilots seeking an ATP 
certificate in a multiengine airplane, the regulations do not specify 
that they apply only to pilots seeking a ``multiengine'' airplane type 
rating. Therefore, the requirements apply to pilots seeking an ATP 
certificate concurrently with a multiengine type rating as well as 
pilots seeking an ATP certificate concurrently with a single-engine 
airplane type rating.
    In this NPRM, the FAA is proposing to revise Sec. Sec.  61.39(d), 
61.153(e), 61.156, and 61.165(f) to reflect that the ground training 
and FSTD training in a multiengine airplane, which is specified in 
Sec.  61.156, applies to pilots seeking an ATP certificate with a 
multiengine airplane rating or an ATP certificate obtained concurrently 
with a multiengine airplane type rating. Additionally, because 
Sec. Sec.  61.39(b), 61.155(c)(14), and 61.160 contain the same 
problematic language that fails to specify ``multiengine'' airplane 
type rating, the FAA is proposing to make similar revisions to 
Sec. Sec.  61.39(b), 61.155(c)(14), and 61.160 to reflect the FAA's 
original intent. These proposed amendments are necessary to ensure a 
pilot seeking an ATP certificate concurrently with a single-engine 
airplane type rating will not be required to comply with unnecessary 
training requirements that were intended for applicants seeking an ATP 
certificate in a multiengine airplane. Consistent with the Act's 
direction to enhance multiengine experience requirements, this NPRM 
does not propose any changes for what is currently required for a pilot 
seeking a multiengine airplane ATP certificate.
    The FAA notes that while the burdensome multiengine training 
requirement of Sec.  61.156 would be removed for a pilot seeking an ATP 
certificate concurrently with a single-engine airplane type rating, 
there would be no reduction in safety because a pilot would still be 
required to obtain specific training and testing that is appropriate to 
the single-engine airplane type rating the pilot is seeking. More 
specifically, to add a single-engine airplane type rating to an ATP 
certificate or obtain a single-engine type rating concurrently with an 
ATP certificate, a pilot must receive and log ground and flight 
training from an authorized instructor, receive an endorsement from an 
authorized instructor that the training was completed, and perform a 
practical test in accordance with the requirements in Sec.  61.157(b).
    In addition to the proposed amendments previously discussed, the

[[Page 65318]]

FAA is proposing to amend several sections in part 61 by removing the 
July 31, 2014 date, which served as the compliance date for the 
multiengine training requirement. Now that the date has passed, the FAA 
finds that the date is no longer necessary in the following 
regulations: Sec. Sec.  61.35(a)(2) and (a)(3)(iii)(B),\6\ 61.153(e), 
61.155(c)(14), 61.156, 61.165(c)(2) and (f)(2). The FAA is also 
proposing to remove Sec.  61.35(a)(3)(iii)(B) as unnecessary because it 
contained a prerequisite for applicants seeking issuance of an ATP 
certificate prior to August 1, 2014. As a result, Sec.  
61.35(a)(3)(iii)(C) is redesignated as Sec.  61.35(a)(3)(iii)(B).
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    \6\ The FAA notes that this NPRM redesignated Sec.  
61.35(a)(3)(iii)(C) as Sec.  61.35(a)(3)(iii)(B).
---------------------------------------------------------------------------

    Furthermore, the FAA finds that Sec.  61.155(d) is no longer 
necessary. This section required an applicant who successfully 
completed the ATP knowledge test prior to August 1, 2014, to 
successfully complete the practical test within 24 months from the 
month in which the knowledge test was successfully completed. Because 
more than 40 months has elapsed since August 1, 2014, it is impossible 
for an applicant to successfully complete an ATP practical test within 
24 months of taking a knowledge test prior to that date. The FAA is 
therefore proposing to remove Sec.  61.155(d) from part 61. For the 
same reasons, the FAA is proposing to remove the language from Sec.  
61.165(f)(2) that allows a pilot to present valid ATP knowledge test 
results from a test taken prior to August 1, 2014.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall 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 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) 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 
of 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 NPRMs 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 with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this proposed rule.
    In conducting these analyses, FAA has determined that this proposed 
rule: (1) Has cost savings with no additional costs; (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; (3) does not require an analysis under 
the Regulatory Flexibility Act; (4) would not create unnecessary 
obstacles to the foreign commerce of the United States; and (5) would 
not impose an unfunded mandate on state, local, or tribal governments, 
or on the private sector by exceeding the threshold identified above. 
These analyses are summarized below.
    This proposed rule would not make any changes to the requirements 
for a pilot seeking a multiengine airplane ATP certificate. Rather, 
this proposed rule would simply remove an unintended and unnecessary 
training requirement in multiengine airplanes for a pilot seeking a 
single-engine airplane ATP certificate concurrently with a single-
engine airplane type rating, with no reduction in safety because a 
pilot will still be required to obtain specific training and be tested 
to receive the single-engine airplane type rating.
    This proposed rule would relieve costs for a pilot seeking both an 
ATP certificate concurrently with a single-engine airplane type rating. 
Current regulations require a person seeking both an ATP and a single-
engine type rating to complete multiengine airplane training.
    In order to estimate future cost savings of removing unnecessary 
multiengine training requirements for pilots seeking to obtain an 
initial Airline Transport Pilot (ATP) certificate concurrently with a 
single-engine airplane type rating, the regulatory evaluation of the 
final rule is based on the following key assumptions, factors and data.
     We use a five-year period of analysis based on the most 
current data available at the time.
     We use a seven and three percent discount rate for 
calculating present values of benefits and costs as prescribed by OMB 
in Circular A-4.
     Estimates are provided in constant dollars with 2017 as 
the base year.
     We estimate that costs of an airline transport pilot (ATP) 
certification training program (CTP) to an applicant to be $5,000.
     We estimate that the cost of renting a newer glass cockpit 
single-engine airplane to be $175 per hour wet. An airplane rented wet 
includes maintenance, insurance, fuel, airport fees, any other duties, 
and taxes.
     We estimate that for an ATP practical test, a single-
engine airplane would have to be rented for three hours to practice for 
the test and two hours for the test.
     In addition to renting an airplane, a designee would be 
required. We estimate that the designee would cost the applicant $500.
     Based on data from the Airlines for America (A4A), we 
estimate that the average domestic round-trip fare and fees would be 
about $340.\7\
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    \7\ http://airlines.org/dataset/annual-round-trip-fares-and-fees-domestic/ Accessed October 2018.
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     Based on data from the General Services Administration 
(GSA) website, for 2017, the average cost of a hotel in the continental 
US would be $93 per day and the average cost of the per diem, including 
meals and incidental expenses, would be $51 per day.\8\
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    \8\ https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-files-archived.
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    As previously discussed, there were no single-engine airplanes that 
required a type rating until the certification of the Cirrus Vision Jet 
in 2016.\9\ From October 2016 through August 2018, 111 pilots received 
SF50 type ratings. Of these 111 pilots, the FAA estimates that 40 
percent could have upgraded their certificate with an airline transport 
pilot (ATP) certification training program (CTP), but opted to just add 
the SF50 type rating to their commercial certificate to avoid 
completing the ATP CTP training costs. Since there are 23 months from 
October 2016 through August 2018, the FAA calculated that there would 
be an average of 5 pilots per month that would receive a single-engine 
type certificate (111 pilots divided by 23 months), or about 60 pilots 
per year (5 pilots times 12 months). The FAA then calculated that 40 
percent of 60 pilots would be 24 pilots (0.4 times 60) per year that 
could incur costs savings by avoiding the costs of the ATP CTP.
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    \9\ Based on the FAA Aircraft Registry as of April 2018, there 
have been about 49 built, including prototypes (http://registry.faa.gov/aircraftinquiry/AcftRef_Results.aspx?Mfrtxt=&Modeltxt=SF-50&PageNo=1).
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    In order to estimate the cost savings of an applicant obtaining an 
ATP CTP,

[[Page 65319]]

they would have two options. For the first option, the applicant would 
have to complete a five to seven day ATP CTP provided by an FAA-
authorized training provider. The FAA calculates the course would take 
an average of six days ((5 + 7)/2). The applicant would also incur the 
expense to travel to a flight school to take the course, get a hotel 
for six days, and pay a per diem for meals. In the assumptions above, 
an ATP CTP would cost $5,000, round trip airfare would cost about $340, 
a hotel would cost $93 a day, and meals and incidental expenses would 
cost $51 a day. Using these costs, the FAA estimates that this proposal 
would save an applicant about $6,200 in 2017 dollars. The following 
table shows the cost saving results of the first option over the five-
year period of analysis.

                                                                  Option 1 Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Potential Savings in 2017$                                 Present value
                      Year                       -------------------------------------------------------------------------------------------------------
                                                   Class       Fare     Hotel   Per diem   Avg days  # pilots   Total cost savings      7%         3%
                                                        A            B      C          D          E         F    (A+B+((C+D)xE))xF
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................................   $5,000         $340    $93        $51         $6       $24             $148,893   $139,152   $144,556
2...............................................    5,000          340     93         51          6        24              148,893    130,049    140,346
3...............................................    5,000          340     93         51          6        24              148,893    121,541    136,258
4...............................................    5,000          340     93         51          6        24              148,893    113,590    132,289
5...............................................    5,000          340     93         51          6        24              148,893    106,159    128,436
                                                 -------------------------------------------------------------------------------------------------------
    Total.......................................  .......  ...........  .....  .........  .........  ........              744,464    610,490    681,886
                                                 -------------------------------------------------------------------------------------------------------
    Savings per pilot...........................  .......  ...........  .....  .........  .........  ........                6,204      5,087      5,682
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.

    For the second option, the applicant would have to rent a single-
engine airplane and hire a designee (check pilot) for the practical 
test. We estimate that for an ATP practical test, a single-engine 
airplane would have to be rented for three hours to practice for the 
test and two hours for the test. In the assumptions above, a single-
engine airplane would cost $175 per hour. The FAA calculates the 
airplane rental would cost a total of $875 dollars to rent ($175 * (2 + 
3 hours)). The applicant would also incur the expense to travel to a 
private plane rental company, hire a designee, get a hotel for one day, 
and pay a per diem for meals. In the assumptions above, round trip 
airfare would cost about $340, a designee would cost $500, a hotel 
would cost $93 a day, and meals and incidental expenses would cost $51 
a day. Using these costs, the FAA estimates that this proposal would 
save an applicant about $1,900 in 2017 dollars. The following table 
shows the cost saving results of the second option over the five-year 
period of analysis.

                                                                  Option 2 Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Potential Savings in 2017$                                  Present value
                     Year                     ----------------------------------------------------------------------------------------------------------
                                                 Fare    A/C rental  Designee    Hotel     Per diem  # pilots       Total cost          7%         3%
                                                     A            B        C           D          E         F        (A+B+C+D+E)*F
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................     $340         $875     $500         $93        $51       $24              $44,613    $41,694    $43,313
2............................................      340          875      500          93         51        24               44,613     38,967     42,052
3............................................      340          875      500          93         51        24               44,613     36,417     40,827
4............................................      340          875      500          93         51        24               44,613     34,035     39,638
5............................................      340          875      500          93         51        24               44,613     31,808     38,483
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  .......  ...........  ........  .........  .........  ........              223,064    182,922    204,314
                                              ----------------------------------------------------------------------------------------------------------
    Savings per pilot........................  .......  ...........  ........  .........  .........  ........                1,859      1,524      1,703
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.

    The FAA estimates that this proposal would have costs savings 
between $223 thousand to $744 thousand over the five year period of 
analysis. The FAA considers this proposed rule would provide small cost 
savings with no additional costs.
    Therefore, the FAA has determined that this proposed rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration. 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 rulemaking 
would 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 rule is not expected to have a

[[Page 65320]]

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 proposed rule would not make any changes to the requirements 
for a pilot seeking a multiengine airplane ATP certificate. Rather, 
this proposed rule would simply remove an unintended and unnecessary 
training requirement in multiengine airplanes for a pilot seeking a 
single-engine airplane ATP certificate concurrently with a single-
engine airplane type rating, with no reduction in safety because a 
pilot will still be required to obtain specific training and be tested 
to receive the single-engine airplane type rating. This proposed rule 
would relieve costs for a pilot seeking an ATP certificate concurrently 
with a single-engine airplane type rating.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this proposed rule would not result in a significant 
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. 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 proposed rule and 
determined that it would have only a domestic impact and therefore no 
effect on international trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal 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 
(in 1995 dollars) 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 $155.0 million in lieu of $100 
million. This proposed rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

E. 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. The FAA has determined that 
there would be no new requirement for information collection associated 
with this proposed rule. FAA has also determined it is not necessary to 
amend any existing collection. The current paperwork filing that 
established the ATP CTP imposes a requirement for a training provider 
to submit a training program to the FAA for approval. In the original 
filing it was determined there was no paperwork burden on a person 
taking the ATP CTP, therefore this proposed rule would have no impact 
on that filing. The FAA also evaluated the paperwork filing for the 
Airman Certificate and/or Rating Application. If an applicant is 
seeking a multiengine airplane ATP certificate, submitting the ATP CTP 
graduation certificate is required as part of that collection. This 
proposed rule does not change that requirement therefore no amendment 
is needed.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1F 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 5-6.6 and involves no 
extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal 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.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

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

C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609, and has determined that this action would have 
no effect on international regulatory cooperation.

D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This proposed rule is expected to be an E.O. 13771 deregulatory 
action. Details on the estimated cost savings of this proposed rule can 
be found in the rule's economic analysis.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the rulemaking 
action in this document. The most helpful comments reference a specific 
portion of the rulemaking

[[Page 65321]]

action, explain the reason for any recommended change, and include 
supporting data. To ensure the docket does not contain duplicate 
comments, commenters should send only one copy of written comments, or 
if comments are filed electronically, commenters should submit only one 
time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking. The FAA will consider all 
comments it receives on or before the closing date for comments. The 
FAA will consider comments filed after the comment period has closed if 
it is possible to do so without incurring expense or delay. The agency 
may change this rulemaking action in light of the comments it receives.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD ROM, mark the outside of the disk or CD 
ROM, and identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending 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. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the internet through the Federal eRulemaking Portal referenced in item 
(1) above.

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) 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/.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, 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(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302, Sec. 2307 Pub. 
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).

0
2. Amend Sec.  61.35 by:
0
a. Revising paragraph (a)(2) and paragraph (a)(3)(iii)(A);
0
b. Removing paragraph (a)(3)(iii)(B);
0
c. Re-designating paragraph (a)(3)(iii)(C) as paragraph (a)(3)(iii)(B); 
and
0
d. Revising newly re-designated paragraph (a)(3)(iii)(B)
    The revisions read as follows:


Sec.  61.35   Knowledge test: Prerequisites and passing grades.

    (a) * * *
    (2) For the knowledge test for an airline transport pilot 
certificate with an airplane category multiengine class rating, a 
graduation certificate for the airline transport pilot certification 
training program specified in Sec.  61.156; and
    (3) * * *
    (iii) * * *
    (A) For issuance of certificates other than the ATP certificate 
with an airplane category multiengine class rating, the applicant meets 
or will meet the age requirements of this part for the certificate 
sought before the expiration date of the airman knowledge test report; 
and
    (B) For issuance of an ATP certificate with an airplane category 
multiengine class rating obtained under the aeronautical experience 
requirements of Sec. Sec.  61.159 or 61.160, the applicant is at least 
18 years of age at the time of the knowledge test;
* * * * *
0
3. Amend Sec.  61.39 by revising the introductory text of paragraph (b) 
and the introductory text of paragraph (d) to read as follows:


Sec.  61.39   Prerequisites for practical tests.

* * * * *
    (b) An applicant for an airline transport pilot certificate with an 
airplane category multiengine class rating or an airline transport 
pilot certificate obtained concurrently with a multiengine airplane 
type rating may take the practical test with an expired knowledge test 
only if the applicant passed the knowledge test after July 31, 2014, 
and is employed:
* * * * *
    (d) In addition to the requirements in paragraph (a) of this 
section, to be eligible for a practical test for an airline transport 
pilot certificate with an airplane category multiengine class rating or 
airline transport pilot certificate obtained concurrently with a 
multiengine airplane type rating, an applicant must:
* * * * *
0
4. Amend Sec.  61.153 by revising paragraph (e) to read as follows:


Sec.  61.153   Eligibility requirements: General.

* * * * *
    (e) For an airline transport pilot certificate with an airplane 
category multiengine class rating or an airline transport pilot 
certificate obtained concurrently with a multiengine airplane type 
rating, receive a graduation certificate from an authorized training 
provider certifying completion of the airline transport pilot 
certification training program specified in Sec.  61.156 before 
applying for the knowledge test required by paragraph (g) of this 
section;
* * * * *
0
5. Amend Sec.  61.155 by revising paragraph (c)(14) and removing 
paragraph (d) to read as follows:

[[Page 65322]]

Sec.  61.155   Aeronautical knowledge.

* * * * *
    (c) * * *
    (14) For an airplane category multiengine class rating, the content 
of the airline transport pilot certification training program in Sec.  
61.156.
0
6. Amend Sec.  61.156 by revising the heading and introductory text to 
read as follows:


Sec.  61.156   Training requirements: Airplane category--multiengine 
class or multiengine airplane type rating concurrently with an airline 
transport pilot certificate.

    A person who applies for the knowledge test for an airline 
transport pilot certificate with an airplane category multiengine class 
rating must present a graduation certificate from an authorized 
training provider under part 121, 135, 141, or 142 of this chapter 
certifying the applicant has completed the following training in a 
course approved by the Administrator.
* * * * *
0
7. Amend Sec.  61.160 by revising the introductory text of paragraph 
(a), the introductory text of paragraph (b), the introductory text of 
paragraph (c), and paragraph (d) to read as follows:


Sec.  61.160   Aeronautical experience--airplane category restricted 
privileges.

    (a) Except for a person who has been removed from flying status for 
lack of proficiency or because of a disciplinary action involving 
aircraft operations, a U.S. military pilot or former U.S. military 
pilot may apply for an airline transport pilot certificate with an 
airplane category multiengine class rating or an airline transport 
pilot certificate concurrently with a multiengine airplane type rating 
with a minimum of 750 hours of total time as a pilot if the pilot 
presents:
* * * * *
    (b) A person may apply for an airline transport pilot certificate 
with an airplane category multiengine class rating or an airline 
transport pilot certificate concurrently with a multiengine airplane 
type rating with a minimum of 1,000 hours of total time as a pilot if 
the person:
* * * * *
    (c) A person may apply for an airline transport pilot certificate 
with an airplane category multiengine class rating or an airline 
transport pilot certificate concurrently with a multiengine airplane 
type rating with a minimum of 1,250 hours of total time as a pilot if 
the person:
* * * * *
    (d) A graduate of an institution of higher education who completes 
fewer than 60 semester credit hours but at least 30 credit hours and 
otherwise satisfies the requirements of paragraph (b) may apply for 
airline transport pilot certificate with an airplane category 
multiengine class rating or an airline transport pilot certificate 
concurrently with a multiengine airplane type rating with a minimum of 
1,250 hours of total time as a pilot.
* * * * *
0
8. Amend Sec.  61.165 by revising paragraph (c)(2), the introductory 
text of paragraph (f), and paragraph (f)(2) to read as follows:


Sec.  61.165   Additional aircraft category and class ratings.

* * * * *
    (c) * * *
    (2) Successfully complete the airline transport pilot certification 
training program specified in Sec.  61.156;
* * * * *
    (f) Adding a multiengine class rating to an airline transport pilot 
certificate with a single engine class rating. A person applying to add 
a multiengine class rating, or a multiengine class rating concurrently 
with a multiengine airplane type rating, to an airline transport pilot 
certificate with an airplane category single engine class rating must--
    * * *
    (2) Pass a required knowledge test on the aeronautical knowledge 
areas of Sec.  61.155(c), as applicable to multiengine airplanes;
* * * * *

    Issued under authority provided by 49 U.S.C. 106(f), 
44701(a)(5), and 44703(a) in Washington, DC, on December 13, 2018.
Rick Domingo,
Executive Director, Flight Standards Service.
[FR Doc. 2018-27402 Filed 12-19-18; 8:45 am]
 BILLING CODE 4910-13-P