Vol. 78 Monday, No. 135 July 15, 2013

Part III

Department of Transportation

Federal Aviation Administration 14 CFR Parts 61, 121, 135, et al. Pilot Certification and Qualification Requirements for Air Carrier Operations; Final Rule

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DEPARTMENT OF TRANSPORTATION academic coursework and training in a highest professional standards. Section flight simulation training device. These 217 also directed the FAA to ensure Federal Aviation Administration requirements will ensure that a pilot has pilots have sufficient flight hours in the proper qualifications, training, and difficult operational conditions that may 14 CFR Parts 61, 121, 135, 141, and 142 experience before entering an air carrier be encountered in air carrier operations environment as a pilot flightcrew [Docket No. FAA–2010–0100; Amdt. Nos. and stated that the minimum total flight 61–130; 121–365; 135–127; 141–1; 142–9] member. hours to be qualified for an ATP DATES: Effective Date: July 15, 2013. certificate shall be at least 1,500 flight RIN 2120–AJ67 This final rule will be effective hours. Notwithstanding the stated immediately upon publication in the minimum, the section gave the FAA Pilot Certification and Qualification Federal Register. Section 553(d)(3) of discretion to allow specific academic Requirements for Air Carrier the Administrative Procedure Act training courses to be credited toward Operations provides that publication of a rule shall the 1,500 total flight hours, provided the AGENCY: Federal Aviation be made not less than 30 days before its academic training courses will enhance Administration (FAA), DOT. effective date, except ‘‘for good cause safety more than requiring the pilot to comply fully with the flight hour ACTION: Final rule. found and published with the rule.’’ 5 U.S.C. 553(d)(3). Consistent with section requirement. SUMMARY: This action creates new 553(d)(3), and for reasons discussed in In addition to the authority provided certification and qualification Section III.H.6, the FAA finds good in the Act, the FAA has authority under requirements for pilots in air carrier cause exists to publish this final rule Title 49 of the United States Code. operations. As a result of this action, a with an immediate effective date. Subtitle I, Section 106 to issue rules on second in command (first officer) in Compliance Date: Unless otherwise aviation safety. This rulemaking is domestic, flag, and supplemental noted in the regulatory text, compliance consistent with the authority described operations must now hold an airline with the provisions of this rule is in Subtitle VII, Part A, Subpart III, transport pilot certificate and an required by August 1, 2013. Section 447—Safety Regulation. Under airplane type rating for the aircraft to be FOR FURTHER INFORMATION CONTACT: For § 44703, the FAA is charged with flown. An airline transport pilot technical questions concerning this final prescribing regulations for the issuance certificate requires that a pilot be 23 rule contact Barbara Adams, Air of airman certificates when the years of age and have 1,500 hours total Transportation Division, AFS–200, Administrator finds, after investigation, time as a pilot. Pilots with fewer than Federal Aviation Administration, 800 that an individual is qualified for, and 1,500 flight hours may qualify for a Independence Avenue SW., physically able to perform the duties restricted privileges airline transport Washington, DC 20591; telephone (202) related to, the position authorized by pilot certificate beginning at 21 years of 267–8166; facsimile (202) 267–5299, the certificate. This rulemaking is age if they are a military-trained pilot, email [email protected]. intended to ensure that flightcrew have a bachelor’s degree with an For legal questions concerning this members have training and aviation major, or have an associate’s final rule contact Anne Moore, Office of qualifications that will enable them to degree with an aviation major. The the Chief Counsel—International Law, operate aircraft safely. For these reasons, restricted privileges airline transport Legislation, and Regulations Division, the regulation is within the scope of our pilot certificate will also be available to AGC–240, Federal Aviation authority and is a reasonable and pilots with 1,500 flight hours who are at Administration, 800 Independence necessary exercise of our statutory least 21 years of age. This restricted Avenue SW., Washington, DC 20591; obligations. privileges airline transport pilot telephone (202) 267–3123; facsimile certificate allows a pilot to serve as (202) 267–7971, email List of Abbreviations and Acronyms second in command in domestic, flag, [email protected]. Frequently Used In This Document and supplemental operations not SUPPLEMENTARY INFORMATION: ANPRM Advance Notice of Proposed requiring more than two pilot flightcrew Authority for This Rulemaking Rulemaking members. This rule also retains the ARC Aviation Rulemaking Committee second-class medical certification The Airline Safety and Federal ATP Airline Transport Pilot requirement for a second in command Aviation Administration Extension Act ATP CTP Airline Transport Pilot in part 121 operations. Pilots serving as of 2010 (Pub. L. 111–216) directed the Certification Training Program an air carrier pilot in command FAA to conduct a rulemaking to FFS Full Flight Simulator (captain) must have, in addition to an improve the qualifications and training FOQ ARC First Officer Qualifications airline transport pilot certificate, at least for pilots serving in air carrier Aviation Rulemaking Committee 1,000 flight hours in air carrier operations. Specifically, section 216 of FSTD Flight Simulation Training Device operations. This rule also adds to the the Act focused on the qualifications of FTD Flight Training Device eligibility requirements for an airline air carrier pilots and directed the FAA NPRM Notice of Proposed Rulemaking transport pilot certificate with an to issue a rule that would require all PIC Pilot in Command (Captain) airplane category multiengine class pilots serving in part 121 air carrier R–ATP Restricted Privileges Airline rating or an airline transport pilot operations to hold an ATP certificate by Transport Pilot certificate obtained concurrently with a August 2, 2013. Section 217 of the Act SIC Second in Command (First Officer) type rating. To receive an airline directed the FAA to amend 14 CFR part Table of Contents transport pilot certificate with a 61 to modify ATP certification multiengine class rating a pilot must requirements to prepare a pilot to I. Overview of Final Rule have 50 hours of multiengine flight function effectively in a multipilot II. Background experience and must have completed a (multicrew) environment, in adverse A. Statement of the Problem new FAA-approved Airline Transport weather conditions, during high altitude B. FAA Accident Analysis and National Pilot Certification Training Program. operations, and in an air carrier Transportation Safety Board (NTSB) This new training program will include environment, as well as to adhere to the Recommendations

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C. Airline Safety and Federal Aviation c. Cross Country Time for the R–ATP I. Overview of Final Rule Administration Extension Act of 2010 Certificate (Pub. L. 111–216) d. The role of the institution of higher This rulemaking modifies D. Notice of Proposed Rulemaking (NPRM) education in certifying its students requirements for pilots who fly in part E. Differences Between the NPRM and the 6. Recommendations for Expanding 121 air carrier operations. It changes Final Rule Eligibility for the R–ATP Certificate requirements for all pilots seeking an F. Related Actions a. Graduates with an Associate’s degree in airline transport pilot (ATP) certificate III. General Discussion of Public Comments with an airplane category multiengine and the Final Rule an Aviation Major A. ATP Certificate for All Pilots Operating b. Transfer students class rating or an ATP certificate Under Part 121 (§ 121.436) c. Pilots with 1,500 hours who are not yet obtained concurrently with an airplane B. Medical Certificate (§ 61.23) 23 years old type rating. These new requirements C. Aeronautical Experience Requirement in d. Other Degree Programs will ensure that all pilots entering air the Class of Airplane for the ATP e. Other Approved Training and carrier operations have a background of Certificate Sought (§ 61.159) Specialized Courses training and experience that will allow D. ATP Certification Training Program for f. Certified Flight Instructors them to adapt to a complex, multicrew an Airplane Category Multiengine Class 7. Summary of FAA Decision environment in a variety of operating Rating or ATP Certificate Obtained Concurrently with an Airplane Type F. Aircraft Type Rating for All Pilots conditions. Rating (§ 61.156) Operating Under Part 121 (§ 121.436) Those most affected by these changes 1. Required Training for an ATP Certificate 1. Aircraft Type Rating Requirement for will be pilots applying for an ATP 2. Training Providers Part 121 SICs certificate with an airplane category 3. Instructor Requirements 2. Compliance Time multiengine class rating or an ATP a. Operational Experience 3. Aircraft Type Rating Requirement for certificate concurrently with an airplane b. Instructor Training SICs Outside of Part 121 type rating. The changed requirements c. Type Rating G. Minimum of 1,000 Hours in Air Carrier will also affect anyone wanting to serve d. Subject Matter Experts Operations to Serve as PIC in Part 121 4. Training Topics and Hours as pilot in command (PIC) in part 121 Operations (§ 121.436) a. Academic Topics and Hours air carrier operations and anyone b. FSTD Topics 1. Air Carrier Experience Requirement wanting to serve as PIC in part 91 c. Level of FSTD and Hours 2. Part 135 and Part 91, Subpart K Time subpart K operations or part 135 5. FAA Knowledge Test for an ATP 3. Military Time operations as defined by Certificate 4. Other Time § 91.1053(a)(2)(i) or § 135.243(a)(1).1 H. Miscellaneous Issues 6. Credit Toward Air Carrier Training Those wanting to serve as second in Programs 1. Pilot Supply command (SIC) in part 121 air carrier 7. Additional Course Requirements a. Part 121 Pilot Supply E. ATP Certificate with Restricted b. Part 135, 141, and 142 Pilot Supply operations will also be affected by this Privileges (§ 61.160) c. FAA Response final rule. Certificate holders approved 1. Public Law and NPRM 2. Benefits and Cost under parts 121, 135, 141, or 142 will 2. General Support for and Opposition to 3. Alternative Licensing Structure be affected if they choose to offer the an ATP Certificate with Reduced Hours 4. Accident Effectiveness Ratings ATP Certification Training Program 3. FOQ ARC Recommendation 5. Considerations for Offering the ATP CTP (ATP CTP). 4. Military Pilots A general summary of the previous 5. Graduates with a Bachelor’s Degree in an 6. Administrative Law Issues Aviation Major 7. Miscellaneous Amendments pilot certification requirements versus a. Flight Hour Requirement IV. Regulatory Notices and Analyses the pilot certification requirements as b. Institutional Accreditation and V. Executive Order Determinations defined by this final rule is included in ‘‘Aviation Degree Programs’’ VI. How To Obtain Additional Information the following table.

TABLE 1—HOW PREVIOUS REQUIREMENTS ARE CHANGED BY THIS FINAL RULE

Previous requirements Requirements in final rule

Scenario: (1) Receive an ATP certificate with an airplane category and multiengine class rating

(1) Be at least 23 years old; (1) Meet all of the previous requirements; (2) Hold a commercial pilot certificate with instrument rating; (2) Prior to taking the ATP knowledge test successfully complete an ATP CTP;2 and (3) Pass the ATP knowledge test and practical test; and (3) have a minimum of 50 hours in class of airplane. (4) Have at least 1,500 hours total time as a pilot. (Ref. §§ 61.153, 61.156 and 61.159)

1 These operations currently require the pilot in command to hold an ATP certificate.

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TABLE 1—HOW PREVIOUS REQUIREMENTS ARE CHANGED BY THIS FINAL RULE—Continued

Previous requirements Requirements in final rule

Scenario: (2) Receive an ATP certificate with restricted privileges (restricted to serving as SIC in part 121 operations—multiengine class rating only)

None. (1) Be at least 21 years old; (2) Hold a commercial pilot certificate with instrument rating; (3) Prior to taking the ATP knowledge test successfully complete an ATP CTP; (4) Pass the ATP knowledge test and practical test; and (5) Meet the aeronautical experience requirements of § 61.160. A pilot may be eligible if he or she was a military-trained pilot; a graduate of a four-year bachelor degree program with an aviation major; a grad- uate of a two-year associate degree program with an aviation major; or has 1,500 hours total time as a pilot.

(Ref. §§ 61.153 and 61.160)

Scenario: (3) Serve as an SIC (first officer) in part 121 operations

Hold: Hold: (1) An ATP certificate with appropriate aircraft type rating OR—An ATP (1) At least a commercial pilot certificate with an appropriate category certificate with restricted privileges and an appropriate aircraft type and class rating; rating; and (2) An instrument rating; and (2) At least a second-class medical certificate. (3) At least a second-class medical certificate.

(Ref. §§ 121.436 and 61.23)

Scenario: (4) Serve as SIC in a flag or supplemental operation requiring three or more pilots

Hold: Hold: (1) An ATP certificate with appropriate aircraft type rating; and (1) An ATP certificate 3 with appropriate aircraft type rating; and (2) A first class medical certificate. (2) A first class medical certificate.

(Ref. §§ 121.436 and 61.23)

Scenario: (5) Serve as PIC in part 121 operations

(1) Have at least 1,500 hours of total time as a pilot; (1) Meet all of the previous requirements; and (2) Hold an ATP certificate with appropriate aircraft type rating; and (2) Have a minimum of 1,000 flight hours in air carrier operations as an (3) Hold a first class medical certificate. SIC in part 121 operations, a PIC in operations under either § 135.243(a)(1) or § 91.1053(a)(2)(i), or any combination of these.4

(Ref. § 121.436)

ATP certificate is new and will take established additional training The costs and benefits of this rule are effect whether or not the FAA issues a provisions in the final rule which are best described as three major elements— regulation. Thus, the costs associated justified by expected accident statutory costs, discretionary cost with the requirement for SICs to have an prevention benefits. Table 2 reflects the savings, and additional rule provisions, ATP certificate are attributable to the costs of the ATP certificate requirement which sum to the total costs and statute, not to this regulation. The FAA for part 121 SICs as well as the benefits. While the FAA already exercised its discretion permitted under discretionary cost savings. In addition, requires an ATP certificate with 1,500 the statute and reduced the mandated the table shows the expected costs and hours total time as a pilot minimum for ATP certificate cost by establishing benefits of the remaining two primary part 121 PICs, the statute requirement offsetting academic credits. To ensure cost drivers of the rule: the aircraft type that SICs in part 121 operations have an the intent of increasing safety, the FAA rating and the ATP CTP.

TABLE 2—STATUTORY COSTS AND BENEFITS/ FINAL RULE COST SAVINGS, COSTS, AND BENEFITS

Total cost PVcost Statute costs ($ mil.) ($ mil.)

Part 121 ATP Certificate Requirement ...... $ 6,374.4 $ 2,213.0

2 This requirement takes effect after July 31, 2014. An ATP certificate issued per the reduced flight airplane in an operation requiring more than one 3 In this scenario a pilot must hold an ATP hours in § 61.160 is not sufficient. pilot may also be credited towards the 1,000 hours. certificate issued per the requirements of § 61.159. 4 In addition, military PIC time (up to 500 hours) in a multiengine turbine-powered, fixed-wing

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TABLE 2—STATUTORY COSTS AND BENEFITS/ FINAL RULE COST SAVINGS, COSTS, AND BENEFITS—Continued

Total cost PVcost Statute costs ($ mil.) ($ mil.)

Statute benefits Total benefit PV benefit

Part 121 ATP Certificate Requirement ...... No Identifiable Accident Benefits

Total cost Discretionary cost savings savings PV cost savings ($ mil.) ($ mil.)

Academic Training and Experience Credits ...... $ <2,309.3> $ <789.8>

Total cost PV 5 cost Rule additional provision costs ($ mil.) ($ mil.)

ATP CTP and Type Rating Total Costs ...... $ 312.7 $ 138.7

Rule additional provision benefits Total benefit PV benefit ($ mil.) ($ mil.)

All Safety Benefits 6 ...... $ 576.8 $ 251.7

Total cost PV 5 cost ($ mil.) ($ mil.)

Total Cost of Statute Cost + Cost Savings + Rule Cost ...... $ 4,377.8 $ 1,561.9

Total benefit PV benefit ($ mil.) ($ mil.)

Total Benefits from Statute + Rule ...... $ 576.8 $ 251.7

II. Background its airspeed was slowing, but the and whether pilots receive sufficient flightcrew failed to recognize this. The experience in a multicrew environment. A. Statement of the Problem airspeed continued to decrease, In early 2010, as a response to the On February 12, 2009, a Colgan Air resulting in the stick shaker activating, Colgan Air accident, the FAA published Bombardier DHC–8–400, operating as and warning the pilots of a potential an advance notice of proposed Continental Connection flight 3407, was aerodynamic stall (insufficient airflow rulemaking (ANPRM) entitled ‘‘New on an instrument approach to the over the wings). The flightcrew’s Pilot Certification Requirements for Air Buffalo-Niagara airport in upstate New response to the stall warning system Carrier Operations’’ (75 FR 6164 York. About 5 nautical miles from the was incorrect and the airplane stalled. (February 8, 2010)), asking for input on airport, the pilot lost control of the The flightcrew subsequently lost control current part 121 pilot eligibility, airplane. It crashed into a house in of the aircraft resulting in the accident. training, and qualification requirements Clarence Center, New York, killing The NTSB’s final accident report for SICs. In July 2010, as a result of everyone aboard and one person on the identified a number of safety issues, public response to the ANPRM, the FAA ground. This accident focused FAA, including improper handling of the chartered the First Officer Qualification NTSB, Congressional, and public airplane, a failure to adhere to sterile Aviation Rulemaking Committee (FOQ attention on multiple aspects of pilot cockpit rules, and questions about the ARC) which was comprised of a cross qualifications and air carrier training adequacy of flightcrew member training section of the aviation industry. requirements. and qualifications. The accident raised In August 2010, before the ARC The NTSB’s investigation revealed questions about whether SICs should be submitted its final recommendations, that the pilot had not followed held to the same training and flight hour President Obama signed into law the appropriate procedures in handling the requirements as PICs, and whether a Airline Safety and Federal Aviation aircraft. As the plane leveled at an pilot’s overall academic training and Administration Extension Act of 2010 assigned altitude the captain applied quality of flight training were as (Pub. L. 111–216 (August 1, 2010)) (the power to increase the airspeed, but the important as the total number of flight ‘‘Act’’). The Act included several increase in power was insufficient. The hours. The accident also raised specific provisions for modifying ATP airplane’s flight displays indicated that questions about pilot professionalism certification requirements to prepare air

5 Present value 7 percent discount rate over 10 million are greater than part 135 total costs of $22.4 certificate, were modeled after the part 135 on- years. million. The FAA does not have a quantitative demand operational rules therefore we believe there 6 Part 121 total safety benefits of $292.5 million estimate of benefits for part 91, subpart K. The part is a safety benefit due to the similarity of are greater than part 121 total costs of $280.4 91, subpart K operational rules, to include requiring operations. million. Part 135 total safety benefits of $284.3 the PIC of a multiengine airplane to hold an ATP

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carrier pilots to operate more safely. • Training in aircraft manual 2012. It proposed to amend the FAA’s Among those provisions was the handling skills, existing requirements to obtain an ATP requirement that by August 2, 2013, all • stall and upset recognition and certificate with an airplane category part 121 flightcrew members hold an recovery, multiengine class rating and raise the ATP certificate. Public Law 111–216, • high altitude operations, qualifications of part 121 pilot section 216(a)(2)(B)(i). The FAA asked • pilot monitoring skills, flightcrew members. the FOQ ARC to consider the provisions • effective crew resource In developing this final rule, the FAA of sections 216 and 217 of the Act in management, reviewed the requirements set forth in developing its final recommendations. • pilot leadership, professionalism, the Act, reconsidered the FOQ ARC Those recommendations were submitted and mentoring skills, recommendations, conducted a new to the FAA in September 2010. • stabilized approaches, and accident analysis,7 reviewed NTSB In addition to the FOQ ARC • operations in icing conditions. Safety Recommendations,8 and recommendations, the FAA reviewed The FAA considered its accident considered the public comments to the recent accidents in parts 121 and 135 to analysis, the FOQ ARC NPRM. The provisions of this final rule find out whether the certification recommendations, and numerous NTSB are consistent with the statutory requirements were sufficient to produce Safety Recommendations in developing mandates set forth in the Act. The table pilots who can enter an air carrier the Pilot Certification and Qualification below outlines the provisions of environment and train and perform Requirements for Air Carrier Operations sections 216 and 217 of the Act and the their duties effectively. The accident NPRM (77 FR 12374), which published parts of the final rule that correspond to reports revealed deficiencies in— in the Federal Register on February 29, them.

TABLE 3—PROVISIONS OF PUBLIC LAW 111–216 AND CORRESPONDING RULE PROVISIONS

Public Law 111–216, The Airline Safety Act, Sections 216 & 217 Final rule

1. All part 121 flightcrew members must hold an ATP certificate by August 2, 2013. (216(c)) ..... 1. An SIC in part 121 operations must have one of the following: • ATP certificate • ATP certificate with restricted privileges (§§ 61.160, 61.167) 2. To be qualified to receive an ATP certificate, an individual shall have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment; and have received flight training, academic training, or operational experience* * *to function effectively in an air carrier operational environment. (217(b)). Minimum number of flight hours shall be at least 1,500 flight hours. (217(c)). A pilot need not fully comply with the flight hours requirement above provided that the pilot has 2. ATP certificate with restricted privileges taken specific academic training courses, beyond those listed below, as determined by the (§ 61.160). Administrator. (217(d)). 3. All part 121 flightcrew members must have an appropriate amount of multi-engine flight ex- 3. (a) 50 hours of aeronautical experience in perience, as determined by the Administrator. (216(a)(2)(B)(ii)). class of airplane required for an ATP certifi- cate (§ 61.159); (b) Aircraft type rating for part 121 SICs (§ 121.436(a)(2)); and (c) 1,000-hour minimum air carrier experience to serve as a PIC in part 121 operations (§ 121.436(a)(3)). 4. To be qualified to receive an ATP certificate an individual shall have received flight training, academic training, or operational experience that will prepare a pilot to:. a. function in a multipilot environment;. b. function in adverse weather conditions (icing);. c. function during high altitude operations;. d. adhere to the highest professional standards; and. e. function in an air carrier operational environment. (217(b)(2)(A)–(E)). The total flight hours should include sufficient flight hours in difficult operational conditions. 4. ATP CTP (§§ 61.156, 121.410, 135.336, (217(c)(2)). 141.11, 142.54). 5. Prospective flightcrew members must undergo comprehensive pre-employment screening, 5. (a) Revised ATP requirements (ATP CTP, including an assessment of the skills, aptitudes, airmanship, and suitability * * * for oper- increased minimum total time as a pilot, and ating in an air carrier operational environment. (216(a)(2)). increased minimum multiengine time); (b) Aircraft type rating for the aircraft to be flown in part 121 operations (SIC) (§ 121.436(a)(2)); and (c) 1,000-hour minimum air carrier experience to serve as a PIC in part 121 operations (§ 121.436(a)(3)).

7 As a result of modifications to the ATP 8 The FAA has placed a document in the docket supplementary material can be found at Certification Training Program and comments made for this rulemaking that provides greater detail on www.regulations.gov, Docket No. FAA–2010–0100. regarding some of the accidents used for benefits in which aspects of the final rule—in particular which the NPRM the FAA conducted a new accident items in the curriculum for the ATP CTP—respond analysis. to specific NTSB recommendations. That

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B. FAA Accident Analysis and National professionalism, and first officer enable a pilot to function effectively in Transportation Safety Board (NTSB) assertiveness (Recommendation A–10– an air carrier operational environment; Recommendations 15 and A–11–39); • Flight training, academic training, • Human error, as evidenced in the Require training in icing conditions or operational experience that will Colgan Air accident, has been a major (Recommendation A–07–14 and A–11– prepare a pilot to function effectively in factor in many of the commercial airline 47); a multipilot (multicrew) environment, accidents over the past 10 years. The • Require hypoxia awareness training in adverse weather conditions, during FAA has identified 31 accidents in part (Recommendation A–00–110); and high altitude operations, and in an air 121 air carrier operations and 27 in part • Require training in crosswinds with carrier environment, as well as to 135 commuter and on-demand gusts (Recommendations A–10–110 and adhere to the highest professional operations from fiscal year 2001 through A–10–111). standards; and • Sufficient flight hours, as fiscal year 2010 that could have been C. Airline Safety and Federal Aviation determined by the Administrator, in prevented if the enhanced ATP Administration Extension Act of 2010 difficult operational conditions that may qualification standards and part 121 (Pub. L. 111–216) requirements required by this final rule be encountered by an air carrier to had been in effect. Those accidents The Airline Safety and Federal enable a pilot to operate safely in such resulted in 99 fatalities, 28 serious Aviation Administration Act included conditions. injuries, and 44 minor injuries. A provisions to improve airline safety and Section 217 also directs that the detailed description of this analysis, and pilot training. Specifically, section 216, minimum total flight hours to be how it was conducted, is provided in Flight Crewmember Screening and qualified for an ATP certificate shall be Section E of the final regulatory Qualifications, focused on the at least 1,500 flight hours. evaluation and can also be found in qualifications of airline pilots operating Notwithstanding the stated minimum, Docket # FAA–2010–0100. under part 121. In section 217, Airline the section permits the Administrator to The NTSB investigated these Transport Pilot Certification, the FAA allow specific academic training courses accidents and the changes enacted in was directed to modify the requirements to be credited toward the 1,500 total this rule address, at least in part, the for an ATP certificate to better prepare flight hours, provided the Administrator following NTSB recommendations— pilots for operating in an air carrier determines that specific academic • Train flightcrews to respond to environment. Both sections of the Act training courses will enhance safety sudden, unusual, or unexpected aircraft are addressed in this rulemaking. more than requiring the pilot to comply upsets (Recommendations A–96–120, Section 216 directs the FAA to fully with the flight hours requirement. A–04–62, A–07–3, and A–09–113); conduct a rulemaking proceeding to Section 217 also requires the • Develop and conduct stall recovery require: Administrator to consider the training and provide stick pusher • Part 121 air carriers to develop and recommendations from an expert panel familiarization training for pilots of implement means and methods for established under section 209(b) of the stick-pusher equipped aircraft ensuring flightcrew members have Act. That section focuses on part 121 (Recommendations A–10–22 and A–10– proper qualifications and experience; and part 135 training programs. A report 23); • • All flightcrew members in part 121 to Congress and to the NTSB was Enhance training syllabi for air carrier operations to hold an ATP submitted on September 23, 2011. operations in high altitude certificate and to have obtained D. Notice of Proposed Rulemaking (Recommendations A–07–1 and A–07– appropriate multiengine flight 2); (NPRM) • experience, as determined by the Review training for unusual and Administrator by August 2, 2013; and In the Pilot Certification and emergency situations in transport- • Prospective flightcrew members to Qualification Requirements for Air category aircraft to make sure pilots are undergo comprehensive pre- Carrier Operations NPRM (77 FR not trained to use the rudder in ways employment screening, including an 12374), the FAA proposed to amend the that could result in dangerous situations assessment of the skills, aptitudes, existing requirements to obtain an ATP (Recommendation A–02–2); airmanship, and suitability, of each certificate with an airplane category • Require procedures and guidance applicant for a position as a flightcrew multiengine class rating and raise the for airport situational awareness member in terms of functioning qualifications of part 121 pilot (Recommendation A–07–44); • Ensure that all carriers include effectively in the air carrier’s flightcrew members. Specifically the operational environment. NPRM proposed to— criteria for stabilized approach in their • flight manuals and training programs Section 216 requires the FAA to issue Require an ATP certificate for all (Recommendations A–01–69 and A–08– an NPRM by January 28, 2011, and a pilots operating under part 121 18); final rule by August 2, 2012. consistent with the self-enacting • Require operators to provide clear Independent of any rulemaking provision in section 216 of the Act. • guidance to pilots about landing proceeding by the FAA, this section Establish an aeronautical performance calculations directs that all flightcrew members in experience requirement for 50 hours in (Recommendations A–07–59 and A–08– part 121 air carrier operations must hold the class of airplane for the ATP 41); an ATP certificate, issued under part 61, certificate sought. • Require Crew Resource by August 2, 2013. • Establish a requirement for all Management training (Recommendation Section 217 of the Act requires the pilots operating under part 121 to obtain A–03–52); FAA to issue a final rule by August 2, an aircraft type rating for the aircraft to • Require operators to verify that 2013, modifying the requirements for an be flown. An SIC in a part 121 flag or their pilot monitoring duties are ATP certificate in part 61. The section supplemental operation that requires consistent with AC 120–71A establishes minimum requirements for three or more pilots is required by (Recommendation A–10–10); an ATP certificate that include: existing regulations to hold an ATP • Require flight crewmember • Sufficient flight hours, as certificate with an aircraft type rating for academic training in leadership, determined by the Administrator, to the aircraft being flown, but SICs in

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other part 121 operations are not courses’’ to obtain an ATP certificate 30, 2012. One request for extension to required to have it. with fewer than the minimum 1,500 the comment period was received, but • hours. the FAA declined to extend given the Establish a requirement for pilots • seeking an ATP certificate with an Allow specific academic industry input it had received from the airplane category multiengine class coursework to be credited towards the advanced noticed of proposed rating or an ATP certificate obtained total flight hours required for an ATP rulemaking published in February 2010, concurrently with an airplane type certificate. The proposed alternative as well as the input it received from the rating to complete specific training hour requirements for a restricted FOQ ARC. In addition, the statutory before taking the ATP knowledge test. privileges ATP certificate were— Æ 750 hours for a military pilot; and deadlines imposed by the Act did not The proposed requirements would Æ 1,000 hours for a graduate of a four- afford the FAA additional time to include academic training and training receive comments. The FAA received 9 year baccalaureate aviation-degree in a flight simulation training device program who also received a nearly 600 comments posted to the (FSTD). A draft advisory circular commercial certificate and instrument docket. Commenters included major air providing additional guidance as to the rating from an affiliated part 141 pilot carriers, regional air carriers, part 135 content of the course and how to obtain school. operators, cargo air carriers, associations FAA-approval was placed in the docket • Establish a requirement that a pilot and industry groups, colleges and for comment. must have 1,000 hours in air carrier universities, training centers, flight • Based on the discretion provided to operations to serve as PIC in part 121 schools, pilots, and private citizens. the Administrator in section 217 of the operations. Act, permit applicants who have The NPRM provided for a 60-day E. Differences Between the NPRM and completed ‘‘specific academic training comment period, which ended on April the Final Rule

TABLE 4—DIFFERENCES BETWEEN THE NPRM AND THE FINAL RULE

Issue NPRM Final rule

A. R–ATP certificate ...... 1. Eligible pilots: 1. Eligible pilots: Æ Military-trained; Æ Military-trained; Æ Graduates of a bachelor’s degree program with an Æ Graduates of a bachelor’s degree program with an aviation major; aviation major; 2. Proposed minimum age is 21 years; and Æ Graduates of an associate’s degree program with an 3. Proposed minimum cross country time for military pi- aviation major; lots is 250 hours; proposed minimum cross country Æ Pilots with 1,500 hours total time as a pilot; time for graduates with a bachelor’s degree is 375 2. Minimum age is 21 years; and hours. 3. Minimum cross country time for all eligible pilots is 200 hours. B. Aviation Degree Program A pilot eligible for academic credit towards a restricted 1. Established criteria to define what coursework must privileges ATP certificate needs to have:. be completed as part of a bachelor’s or associate’s 1. Graduated from a four-year aviation-related degree degree program with an aviation major; program (bachelor’s degree with an aviation major); 2. Further defined what an associated part 141 school and is; 2. Obtained their commercial pilot certificate and instru- 3. Created a process by which colleges and universities ment rating from an affiliated part 141 pilot school. can obtain authority from the FAA to certify their graduates for an R–ATP certificate (new advisory cir- cular 61-School); and 4. More clearly defined what a graduate has to present at the time of the practical test to show eligibility for a restricted privileges ATP certificate. C. ATP CTP ...... 1. Academic training: 24 hours; 1. Academic training: 30 hours; 2. FSTD training: 16 hours 2. FSTD training: 10 hours Æ Level C or higher FFS: 8 hours; Æ Level C or higher FFS: 6 hours; Æ Level 4 or higher FTD: 8 hours; and Æ Level 4 or higher FTD: 4 hours; and 3. Draft advisory circular. 3. Advisory circular 61–ATP. D. ATP CTP Instructor Re- 1. Hold an ATP certificate with an airplane category 1. Hold an ATP certificate with an airplane category quirements. multiengine class rating; multiengine class rating; 2. Meet the aeronautical experience requirements of 2. Meet the aeronautical experience requirements of § 61.159; § 61.159; 3. Have 2-years of air carrier experience; and 3. Have 2-years of air carrier experience; 4. For training in an FSTD—have an appropriate air- 4. For training in an FSTD—(a) have an appropriate craft type rating which the FSTD represents or have aircraft type rating which the FSTD represents, (b) received training in the aircraft type from the certifi- have received training in the aircraft type from the cate holder on those maneuvers they will teach. certificate holder on those maneuvers they will teach, and (c) received training on data and motion limita- tions of simulation; and 5. Hold a certified flight instructor certificate or complete training in fundamentals of instruction.

9 A flight simulation training device (FSTD) incorporates both full flight simulators (FFS) and flight training devices (FTD).

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TABLE 4—DIFFERENCES BETWEEN THE NPRM AND THE FINAL RULE—Continued

Issue NPRM Final rule

E. Reduction in an air car- A principal operations inspector may approve a reduc- A principal operations inspector may approve a reduc- riers’ initial training pro- tion to an air carrier’s initial training program based tion to an air carrier’s initial training program if the gram for Pilots Who Have on material taught by that carrier in the ATP CTP. pilot beginning initial training has successfully com- Completed the ATP CTP. pleted the ATP CTP. The carrier does not have to provide the ATP CTP training to be eligible for a re- duction. F. Medical Certificate...... No change proposed to medical requirements in Section 61.23 requires only those pilots exercising the § 61.23. Pilots exercising the privileges of an ATP PIC privileges of an ATP certificate and SIC privi- certificate would be required to hold a first-class leges in flag and supplemental operations requiring medical certificate. three or more pilots to hold a first-class medical cer- tificate. An SIC in part 121 may continue to hold a second-class medical certificate. G. FFS Credit Towards 50 10 hours of FFS time that represents a multiengine air- 25 hours of FFS training time that represents a multien- hours of Multiengine Aero- plane. gine airplane and is part of an approved training pro- nautical Experience. gram. H. Time Eligible for the 1. All time in part 121 operations; 1. All time in part 121 operations; 1,000 hours of Air Carrier 2. PIC time in § 135.243(a)(1) operations; and 2. PIC time in § 135.243(a)(1) operations; Experience. 3. PIC time in § 91.1053(a)(2)(i) operations 3. PIC time in § 91.1053(a)(2)(i) operations; and 4. Military PIC time in a multiengine turbine-powered, fixed-wing airplane in an operation requiring more than one pilot—up to 500 hours.

F. Related Actions discrete sections of the Act, the FAA would be necessary or appropriate, and The Act led to the establishment of will minimize any overlapping or therefore whether this rulemaking ARCs on additional subjects— duplicative requirements. would represent a good candidate for a • Flight Crewmember Mentoring, The FAA has made regulatory formal retrospective review under E.O. Leadership, and Professional decisions within this rule based upon 13610. Development (Section 206 of the Act) the best currently available scientific III. Discussion of Public Comments and • Flight Crewmember Training Hours data and information, and is confident Final Rule Requirement Review (Section 209 of the the rule incorporates the best available Act) information regarding the relationship A. ATP Certificate for All Pilots • Stick Pusher and Adverse Weather between flight hours and types of Operating Under Part 121 (§ 121.436) Event Training (Section 208 of the Act) training. In the future, however, FAA is In the NPRM, the FAA proposed • Air Carrier Safety and Pilot likely to gather and analyze additional requiring that all SICs in part 121 Training (Section 204 of the Act) data in this area; for example, through operations hold an ATP certificate by The FAA has reviewed the safety outcomes resulting from this rule, August 2013. This proposal was meant recommendations provided by these and additional information collections to be consistent with section 216 of the ARCs and has initiated two rulemaking associated with other rulemakings. FAA Act, which mandates that within 3 years projects as a result: (1) Flight may also consider additional collections of enactment (August 2, 2013), all Crewmember Mentoring Leadership, of information, and would notify the flightcrew members serving in part 121 and Professional Development; and (2) public of these collections through operations must hold an ATP certificate. Revisions to the Qualification and separate Federal Register Notices At the time the Act was signed into law, Performance Standards in Part 60. promulgated under the Paperwork PICs in part 121 air carrier operations as In addition, on May 20, 2011, the Reduction Act. Further information well as SICs of a part 121 flag or FAA published a supplemental notice of collected by FAA could be used to supplemental operation requiring three proposed rulemaking (SNPRM) inform future analysis. or more pilots were already required to proposing to amend the regulations for Because of the likely availability of hold ATP certificates. All other SICs in crewmember and aircraft dispatcher such data in the future, the FAA may part 121 air carrier operations, however, training programs in domestic, flag, and obtain additional empirical evidence were not required to hold ATP supplemental operations (76 FR 29336). relevant to the precise relationship certificates and were permitted to hold This SNPRM, which was specifically between flight hours and types of an instrument rating and a commercial cited in section 209 of the Act, focused training. For example, Phase III of the pilot certificate with the appropriate solely on part 121 air carrier training Pilot Source Study, explained elsewhere category and class rating for the aircraft. program requirements. The comment in this preamble, suggests areas for The FAA received more than 200 period for the SNPRM closed on further research. The FAA, consistent comments both in support of and in September 19, 2011. with its obligations under Executive opposition to the ATP certification Congress addressed these related Order (E.O.) 13563, Improving requirement for part 121 pilots. topics within discrete sections of the Regulation and Regulatory Review (Jan. American Eagle Airlines, Inc., citing a Act, which has resulted in the related 18, 2011), and E.O. 13610 on the lack of an identified safety benefit, rulemaking projects identified. Drafting retrospective review of regulations, will specifically suggested grandfathering all proposals on related topics review this evidence and may make incumbent SICs if they have at least simultaneously can give the appearance modifications as necessary and 1,000 hours in the type of aircraft they of overlapping or duplicative appropriate to improve the effectiveness are flying. American Airlines (AAL) requirements. As the final rules are of this regulatory program. The FAA suggested a similar grandfathering drafted and published to address the will consider whether such changes provision, but only for pilots who have

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been an SIC for at least six years, impose new requirements without a University (ERAU), ExpressJet Airlines, accrued 1,000 hours in aircraft type as corresponding safety benefit, the FAA is Inc. (ExpressJet), Flight Safety an SIC, and attended recurrent training modifying § 61.23(a)(1), (a)(2), (d)(1), International (FSI), Hyannis Air Service, more than three times. and (d)(2) in the final rule so pilots in Inc. (Cape Air), National Air While the FAA has considered and part 121 operations exercising SIC Transportation Association (NATA), appreciates all of the comments privileges (excluding flag or Purdue University (Purdue), Saint Louis received, the FAA was not given any supplemental operations requiring three University—Parks College (Parks discretion to allow pilots serving in part or more pilots) may continue to hold College), San Jose State University 121 operations to hold any certificate only a second-class medical certificate. (SJSU), and the U.S. Airline Pilots other than an ATP certificate. There is In this regard, the amendment alleviates Association (USAPA) indicated that 50 no latitude in the Act to permit a pilot any increased cost and removes the hours is adequate to be eligible for an with a commercial pilot certificate who possibility of inadvertently ATP certificate. is flying in part 121 today to continue disqualifying incumbent SICs from part The National Association of Flight flying beyond the date of this self- 121 air carrier operations. Instructors (NAFI) added that obtaining 50 hours would not be a significant enacting provision without having C. Aeronautical Experience obtained an ATP certificate. problem in the industry and would Requirement in the Class of Airplane for establish a minimum number of hours Accordingly, the FAA has removed the the ATP Certificate Sought (§ 61.159) current certification requirements in as a base for pilots to build upon. § 121.437 and added new §§ 121.435 Prior to the issuance of this final rule, Farmingdale State College (FSC) added and 121.436. New § 121.435 contains an applicant for an ATP certificate with that 50 hours is adequate but it is not the existing certification requirements an airplane category multiengine class a good measure of competencies. The for part 121 pilots; they will be in effect rating was not required to obtain any International Air Transport Association until July 31, 2013. After that date, the additional multiengine flight experience (IATA) stated that requiring these 50 requirements of § 121.436 will apply. above what is required for a commercial hours is appropriate if they are used to pilot certificate with an airplane develop and reinforce core B. Medical Certificate (§ 61.23) category multiengine class rating. competencies. Aerosim Flight Academy Medical certificate requirements are Section 216 of the Act addresses this (Aerosim) stated the 50 hours would be determined by the level of pilot issue by requiring all pilot flightcrew ‘‘okay’’ but ‘‘too costly and difficult to certificate that is required for the members serving in part 121 air carrier obtain.’’ JetBlue Airways Corporation operation being conducted. Section operations to have appropriate (JetBlue) agreed that 50 hours in the 61.23 requires a pilot exercising the multiengine flight experience, as class of airplane is sufficient and privileges of an ATP certificate to hold determined by the Administrator. pertinent and believes it is a first-class medical certificate and a One method the FAA used to address representative of quality flight pilot exercising the privileges of a the Act’s focus on multiengine experience. commercial pilot certificate to hold at experience was by proposing a Four commenters, including FSI, said least a second-class medical certificate. requirement that pilots obtain 50 hours that there would be no additional As a result of the statutory of flight time 11 in the class of airplane burden for those who obtain an ATP requirement for all pilots in part 121 to for the ATP certificate sought. The FAA certificate. FSI said that most pilot hold an ATP certificate, UPS and also proposed allowing an applicant to candidates exceed the 50-hour Spartan College sought clarification receive credit for up to 10 hours of this requirement before obtaining an ATP regarding whether all SICs in part 121 flight time in a full flight simulator certificate. An individual commenter operations would be required to hold a (FFS) that replicates a multiengine noted that most pilots would earn this first-class medical certificate and airplane. by getting a multiengine instructor whether the proposed rule would affect Ninety-three commenters addressed rating and instructing students. existing SICs who hold only second- the proposed 50-hour requirement. Six individual commenters did not class medical certificates. Fifty-nine commenters, including the object to having such a requirement but The FAA did not address medical Airline Pilots Association (ALPA), stated 50 hours is too high. One of them certification requirements in the NPRM Airlines for America (A4A), AAL, suggested 25 hours in the class of or propose any change to the first-class Aviation Professional Development, airplane as an alternative. The Ohio medical certificate requirement in LLC, Cargo Airline Association (CAA), State University (OSU) added that § 61.23. Without a change, the statutory Coalition of Airline Pilots Association current commercial certificate requirement for all part 121 flightcrew (CAPA), Embry-Riddle Aeronautical requirements are sufficient and members to hold an ATP certificate suggested giving credit towards this would require SICs to hold first-class and every six months for pilots age 40 and over. A requirement through completion of an second-class medical certificate, on the other hand, Advanced Jet Training (AJT) program. medical certificates after August 1, must be renewed every 12 months for all pilots 2013. regardless of age. If first-class medical certificates Boeing also said that 50 hours is too Requiring a first-class medical are required, SICs who are age 40 and over will be high and that the structured and focused certificate for all part 121 SICs could required to renew their medical certificates every FSTD training proposed in the ATP six months (as opposed to every 12 months for a certification training program provides potentially remove qualified and second-class medical certificate). In addition, experienced SICs who cannot hold a electrocardiography (EKG) testing is specifically any needed additional multiengine first-class medical certificate from part required under first class medical certificate experience above that which is standards while EKG testing is used on a case-by- minimally required by the commercial 121 air carrier operations. It would also case basis for second class medical certificates. The impose additional costs on industry, FAA has reviewed part 121 accident and incident pilot certificate. The Regional Air Cargo individual pilots, and the FAA that data dating back to 2001 and found no accidents or Carrier Association (RACCA) stated that were not reflected in the initial incidents attributable to an SIC with a medical 50 hours is probably adequate but may condition that may have been detected by regulatory evaluation.10 Rather than be unnecessarily high ‘‘presuming the electrocardiography testing. flight time includes adequate training, 11 The FAA notes that this 50 hours of flight time 10 A first-class medical certificate must be counts towards the 1,500 hours of total time experience, and motivation by the renewed every 12 months for pilots under age 40 required for an ATP certificate. pilot.’’

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Three individual commenters noted recommends any time in an FFS should different than current practice. For that that 50 hours in class is too low. Two be credited towards the 50 hours. reason the FAA disagrees with the IFL of these commenters recommended 100 Congress directed the FAA to ensure Group’s assertion that pilots seeking hours in class. Ameriflight, LLC that all flightcrew members have an experience in multiengine aircraft will (Ameriflight) added that 50 hours of appropriate amount of multiengine result in an increase in accidents. To the multiengine experience is insufficient experience. Since the ATP certificate is extent that commenters have suggested for part 121 operations because the the highest level of pilot certificate that, as a result of the multiengine flight remaining 1,450 hours could be in a currently available, the FAA has time requirement, pilots may be determined the minimum multiengine single-engine airplane. The Allied Pilots encouraged to falsify their logbooks, the Association (APA) recommended 100 experience required to apply for an ATP FAA cautions that the regulations (14 hours of flight time in the type of certificate should exceed the minimum CFR 61.59) prohibit the falsification of aircraft before a pilot could be eligible requirements for a commercial pilot for a restricted privileges ATP certificate. Additional experience in logbooks. certificate, because time in the aircraft inherently faster and more complex A majority of the commenters type makes for a safer pilot. multiengine airplanes establishes a supported the proposed requirement for Thirteen commenters, including, foundation that provides quality 50 hours in the class of airplane to Delta Airlines (Delta), Bemidji Aviation experience to prepare a pilot for a obtain an ATP certificate; therefore, the Services, Inc., the Professional Aviation professional piloting career. FAA has retained this provision in the Board of Certification (PABC), Prairie Multiengine flight experience is final rule. Based on the comments Air Service, Kansas State University— essential not only for pilots serving in suggesting that the FAA increase the Salina (KSU), and the University part 121 air carrier operations but for all amount of FFS time that may be Aviation Association (UAA), found the pilots who apply for an ATP certificate credited towards the 50 hours, the FAA 50-hour requirement unnecessary. with an airplane category multiengine agrees that the quality of training and Sporty’s Academy added that there is no class rating. The FAA concedes there experience gained from flying an FFS is evidence of accident rates to support the are no air carrier accidents that valuable and additional time should requirement. Southern Illinois specifically cite a lack of multiengine University—Carbondale (SIU), Western experience as a probable cause. count. Advanced simulation training Michigan University (WMU) and CAE, However, establishing a minimum devices readily provide additional Inc. (CAE) added that the requirement experience requirement in the class of training opportunities in turbine aircraft should be competency based. Human airplane is consistent with other pilot utilizing multicrew concepts and may Capital Management and Performance, certificates and supports the include training in difficult operational LLC added that time gained in light requirements of section 216 of the Act, conditions beyond that required of twin-engine piston aircraft does not which placed significant emphasis on existing pilot licensing requirements. prepare pilots for high altitude, swept- increased multiengine experience. As The FAA disagrees with commenters wing turbojet operations. The IFL Group proposed, such an hour requirement that believe all of the multiengine believes pilots will get that time in any would have minimal impact on pilots experience could be gained in an FFS. way possible without a guarantee of seeking an ATP certificate because the The FAA believes accruing multiengine receiving specific training, and this may hours will likely be acquired by pilots experience in an airplane is important increase the accident rate. The IFL engaged in other commercial aviation and would eliminate the possibility of a Group also believes there will be an activities such as flight instruction or pilot carrying passengers in a ‘‘increase in the number of pilots who part 135 operations. This assertion was multiengine airplane without previous make fake flight time entries into their not disputed by many of the multiengine airplane experience. logbooks because of the cost of commenters. Additionally, the FAA Accordingly, the FAA has amended obtaining the additional multiengine reviewed the hiring minimums for part § 61.159 in the final rule. Specifically, flight time, thus offsetting any safety 121 air carriers and found most have § 61.159(a)(3) will permit pilots to credit benefit and increasing FAA cost as a established hiring minimums for 25 hours of flight training in an FFS that proportion of them are caught and the multiengine time which equal or exceed FAA incurs the cost of revoking their the proposed rule, further minimizing represents a multiengine airplane certificates.’’ the cost of this provision. toward the 50 hours of flight time in the Six commenters, including Purdue, In response to commenters who class of airplane. The 25 hours must be Spartan College, and the University of suggested increasing the minimum accomplished as part of an FAA Dubuque noted the FAA should hours in class of airplane above 50 approved training course (e.g., part 121 consider credit for simulation. An hours, the FAA accepts the air carrier training program).12 The FAA individual commenter stated allowance recommendation of the FOQ ARC. The notes that an aviation training device for simulators should be expanded. CAE FAA agrees that time in the class of (ATD) or an FTD cannot be substituted stated 50% of the hours should be airplane alone may not prepare a pilot for the FFS in order to obtain the credit allowed in a level C or D FFS due to the for operating a large swept-wing turbojet toward the 50 hours of multiengine numerous training advantages of that at high altitudes nor does it necessarily flight time. training environment. Based on hiring ensure competency. For that reason data and success rates in airline training there are additional building block and line operations, ExpressJet highly requirements in this final rule for recommended that AJT simulation time obtaining an ATP certificate with a (in either a level 5 flight training device multiengine class rating, such as the 12 The FAA has modified section 61.159(a)(5) to (FTD) or FFS) be credited towards the ATP certification training program and permit pilots to credit FSTD time accomplished in 50 hours of multiengine time. JetBlue a practical test to determine a pilot’s approved training programs under parts 121, 135, and 141 toward the aeronautical experience believes the capabilities and quality of competency prior to issuance of an ATP requirements for the ATP certificate. Under the training possible in an advanced certificate. The FAA notes that pilots prior rule, only FSTD time accomplished as part of simulation device far exceeds those of will seek opportunities to acquire time an approved training course in part 142 could be the actual aircraft and therefore in the class of airplane, which is no credited.

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D. ATP Certification Training Program National Air Disaster Alliance course would just be an extra cost for an Airplane Category Multiengine Foundation (NADA/F) was also burden and was unlikely to provide any Class Rating or ATP Certificate supportive of the proposed course and additional safety benefit. GAMA, Obtained Concurrently with an Airplane highlighted the use of a standardized however, expressed support for the Type Rating (§ 61.156) course of training. USAPA supports the proposed FSTD portion of the training In Section 217 of the Act, Congress additional training maintaining that it is course, indicating that such training can directed the FAA ‘‘to modify more effective than just having a be ‘‘extremely beneficial.’’ NATA requirements for the issuance of an multiple choice exam. UAA supported believes the course as proposed is too pilots completing ground training prior costly. NATA is supportive of airline transport pilot certificate’’ to to taking a knowledge test. modifications to the ATP certification ensure pilots can function effectively in Several commenters, including regulations, but indicated the delivery an air carrier/multipilot environment, in Aerosim, Middle Tennessee State of any new training should be made adverse weather conditions, during high University (MTSU), FSC, and WMU, available through lower cost methods, altitude and icing operations while support additional training but disagree such as on-line course delivery. adhering to the highest professional with it being required for the knowledge Based on the support for additional standards. The public law stated that test. ERAU, KSU, and 20 individual training expressed by many of the the FAA could consider academic commenters support the additional commenters, the FAA has decided to training, flight training, or operational training being part of a degree program require academic and FSTD training for experience as a means of ensuring pilots or collegiate flight training program. the ATP certificate multiengine class have the skills identified in the public Spartan College suggested it be part of rating and the ATP certificate when law. an overall collegiate curriculum rather obtained concurrently with an airplane In the NPRM, the FAA proposed to than a single course. type rating.13 This training, required at require applicants for the ATP Purdue, OSU, and the University of the ATP certification level, will address knowledge test complete an ATP North Dakota (UND) suggested allowing the gap in knowledge between a Certification Training Program (ATP the academic and FSTD portions of the commercial pilot certificate and the CTP) comprised of academic and FSTD proposed course to be completed at knowledge a pilot should have prior to training. The training program, as separate times enabling students to entering an air carrier environment. In proposed, focused on the areas set forth complete the academic portion as part addition, the FAA has decided that the in the Act and a majority of the of their degree program. The safest and most effective way to ensure competencies identified in the FOQ universities added that many of the that applicants for an ATP certificate ARC report. The FAA included a draft topics are already covered as part of the have met the requirements of section advisory circular (AC) in the docket that degree program and graduates should 217 of the Act is to establish specific provided further detail on the content get credit for the academic portion of training requirements and evaluate the and the structure of the course. the proposed course and therefore only pilot’s understanding of those areas of 1. Required Training for an ATP have to complete the FSTD portion at a instruction consistent with the Certificate later time. They also suggested allowing regulatory framework for other pilot the knowledge test to be completed certificates. The FAA received over 120 comments following the academic portion, which To the extent that several commenters regarding whether the FAA should falls more in line with how knowledge suggested that the coursework in require a training course prior to taking areas for other FAA pilot certificates are university aviation degree programs the ATP knowledge test. More than 30 tested. already may satisfy the academic commenters, including Delta, A4A, ExpressJet supported imbedding the training requirements of the ATP CTP, CAPA, CAA, Parks College, and the ATP CTP training into an air carrier’s the FAA does not agree. Many colleges Families of Continental Flight 3407, initial training program. The Aircraft and universities teach ground school for generally supported such a training Owners and Pilots Association (AOPA) other certificates and ratings as part of course. An equal number of commenters equated the ATP CTP to the AJT course their academic curriculum that include including the University of Dubuque, the FOQ ARC recommended for pilots a general overview of topics for which Delaware State University (DSU), and entering part 121 service and therefore the collegiate program has numerous individual commenters disagrees that the ATP CTP should comprehensive standalone courses. For generally stated such a course is apply to all pilots required to have an example, despite most collegiate unnecessary. Many commenters ATP certificate. AOPA suggested the programs having a separate addressed specific elements of the FAA ‘‘reword the AJT requirement so it aerodynamics course, this topic remains proposal and suggested some is required only of individuals a component of private pilot ground alternatives which will be addressed employed by part 121 air carriers, prior school and is generally reinforced in a later in the document. to flying in revenue service and not as concurrent flight training lab. The IATA stated that the additional a prerequisite to all ATP certificates.’’ aerodynamics training for private pilots training for the ATP certificate is OSU generally agreed with the generally applies to small, single- appropriate because the current academic portion of the course but engine, piston-powered aircraft—the requirements are inadequate and have believed the FSTD portion of the course type of airplane most people initially become irrelevant. Boeing agreed with ‘‘represents an overwhelming financial learn to fly. Similarly, the academic the FAA’s rationale for the ATP CTP burden’’ to ATP certificate applicants. portion of the ATP CTP (essentially and asserted that pilots who Many other individual commenters successfully complete the program disagreed with imposing additional 13 The FAA notes that a pilot is not required to would have the needed ‘‘foundational training requirements on pilots seeking take the ATP CTP for a type rating added to any knowledge to operate as second in an ATP certificate, in part due to the other pilot certificate. The requirement only applies command (SIC) in part 121 operations.’’ additional cost. The General Aviation to pilots obtaining an ATP certificate concurrently with an airplane type rating. In addition, AAL echoed Boeing, indicating that the Manufacturers Association (GAMA) subsequent airplane type ratings added to an ATP added training would provide valuable stated an ATP applicant has already certificate that already has a multiengine class experience to future part 121 pilots. The gone through ample training and this rating would not require taking the ATP CTP.

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ground training for ATP certification) carrier initial training because the icing conditions. The FAA will not will focus on the aerodynamic subjects are already taught or because encourage pilots to seek experience in principles for large turbine aircraft—the the training only applies to pilots in part hazardous conditions for the purpose of type of aircraft flown in part 121 121 operations, the FAA disagrees. The meeting the aeronautical experience operations as well as many operations ATP CTP is the base upon which a pilot requirements for the ATP certificate in part 135 and subpart K of part 91. must build. The concepts in the course required by the Act. The FAA has long The ATP CTP will then incorporate will apply to any pilot who flies a large recognized that flight simulators and those concepts learned in the academic turbine aircraft regardless of operating flight training devices provide a safe portion of the course into practical rule part and therefore has value to flight training environment that can scenarios during the FSTD training to pilots flying outside of part 121. The reduce the number of training accidents reinforce the critical concepts of ATP CTP will cover topics the air by allowing training for emergency operating at high altitudes and its effects carrier is not required to teach. For situations, such as fire, total loss of on the airplane and the importance of those general knowledge areas that are thrust, and systems failures, that cannot stall recognition and recovery. The FAA currently part of a part 121 initial be safely conducted in flight. 61 FR supports colleges and universities with training program, the FAA has modified 34508 (July 2, 1996). Therefore, the FAA FAA certificated part 141 pilot schools subpart N to remove those requirements has determined that many of the teaching the ATP CTP but as a and reduce ground training for those difficult operational conditions can be standalone course, just as they do with pilots who have completed the ATP most safely demonstrated to students ground schools and flight labs for other CTP. A pilot in an air carrier training through simulation. Simulation will be pilot certificates and ratings. program receives training specific to the discussed in greater detail later in this The FAA also maintains that the air carrier’s operation and the specific section. academic training requirements cannot aircraft that pilot is going to fly. Even if Although the Act permitted the FAA be separated from the FSTD training. the subjects are offered by an air carrier to consider operational experience as a The FAA has acknowledged the value of in initial training, the pilot is focused means of ensuring that a pilot has structured university aviation degree primarily on learning the company received adequate flight hours in programs in other parts of this final rule; operation and the specific type of conditions such as adverse weather, however, the design of the ATP CTP aircraft they will fly, not on broader, high altitude operations, and an air ensures the knowledge gained in the foundational concepts that the ATP CTP carrier operational environment, the academic portion of the course is is designed to provide. FAA has determined that it is not directly applicable to air carrier The FAA recognizes commenters’ appropriate to encourage pilots to seek operations and operating sophisticated, concerns regarding the cost of the such conditions in an aircraft. In high performance, large, turbine aircraft. proposed ATP CTP and considered addition it would be difficult to validate The training in the FSTD portion of the these costs when establishing the experience in those conditions. course consolidates the academic requirements for the course. Section 217 Moreover, it would be difficult for pilots concepts with scenario-based training, of the Act directed the FAA to modify to obtain experience in the complex practical applications, demonstrations, the requirements for ATP certification to aircraft that would be required to and multiengine experience. The course include ensuring that applicants for the replicate an air carrier operational will consolidate many broader topics ATP certificate have sufficient flight environment. and focus on its applicability to air hours in difficult operational conditions Therefore, the FAA has determined carrier-like operations. For many pilots ‘‘that may be encountered by an air that academic and FSTD training, who take the ATP CTP, it will likely be carrier.’’ The FAA sought input from the followed by an evaluation through a their first exposure to large turbine FOQ ARC on how to define difficult revised knowledge test that includes the aircraft and how those aircraft perform operational conditions and how a pilot content of the course and subsequent at high altitude, how they perform in can best obtain experience in those completion of a practical test will meet low energy states, and in adverse conditions. As indicated it its report, the the requirements of the Act and provide weather phenomena, like thunderstorms FOQ ARC ‘‘extensively discussed the valuable training for the ATP certificate. and icing conditions. Combining the issue of difficult operating conditions 2. Training Providers academic training requirements with the and determined that simulator training FSTD experience is the most effective is an important tool by which to provide Due to the FSTD requirement in the method to consolidate the learning and flight experience to the pilot for ATP CTP, the FAA proposed that the deliver the training and experience recognition and appropriate response in course be conducted only by the mandated by the Act. the difficult environments experienced following certificate holders who are Additionally, the FAA has by air carriers.’’ Because of safety approved to sponsor an FSTD under 14 determined that students must complete concerns, the FOQ ARC did not CFR part 60: A part 141 pilot school, a both the academic and FSTD training recommend that pilots be intentionally part 142 training center, or a part 119 prior to taking the knowledge test. By placed in these difficult conditions in certificate holder authorized to conduct separating the academics and flight actual aircraft. The FOQ ARC operations under parts 121 or 135. training, possibly by years since a pilot recommended scenario-based training to AOPA was concerned that the FAA may wait until he or she is further in a address difficult operating conditions ‘‘did not consider the negative impact professional career, the learning including thunderstorms, icing, low on independent part 61 flight schools, objectives are less likely to be achieved. visibility, maximum crosswinds for other training providers who conduct In light of that fact, the knowledge test takeoff and landing, and contaminated ATP certification training or [designated cannot be taken following completion of runways. pilot examiners] who currently conduct only the academic portion of the course. Generally, pilots from their earliest ATP certificate testing.’’ NAFI The FAA is retaining the requirement training are taught to avoid commented the proposal completely that a pilot complete all of the ATP CTP thunderstorms and icing conditions. excludes ‘‘the very broad base of part 61 to be eligible to take the knowledge test. Even when flying an airplane approved training providers who have To those commenters that suggested for flight in icing conditions, a pilot is traditionally helped maintain training the ATP CTP be incorporated into air cautioned to minimize time flying in capacity.’’ NAFI further stated that part

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61 instructors provide a significant to those pilots that do require ATP KSU stated the academic training amount of training toward professional certificates, but that is not a regulatory requirements should be administered by pilot careers and to eliminate these decision. a qualified instructor as part of a instructors may reduce overall training The FAA has determined authorized collegiate flight education program. capacity and result in a negative training providers for the ATP CTP will AOPA, UAA, and several individual economic impact on these training be limited to certificate holders commenters disagreed with stipulating providers. ALPA recommends the conducting operations under parts 121 instructor qualification requirements for proposed ‘‘authorized training or 135, and pilot schools and training the ATP CTP. Boeing recommended provider’’ be clearly defined in the centers certificated under parts 141 or removing the two-year experience regulations to assure the highest 142, respectively. Each of these requirement from the ATP CTP for standards and quality of training for certificate holders have defined instructors under 14 CFR parts 121, 135, ATP applicants. NATA disagreed with management structures, FAA approved and 142, and devising an equitable part 135 operators being eligible to offer training programs, and pilot training solution for instructors under part 141 the ATP CTP stating it is impractical for record retention requirements. Further, to gain line operational experience in part 135 operators because the required each ATP CTP submitted for approval order to instruct. Utah Valley University FSTDs are too expensive to acquire and will be reviewed by FAA Headquarters concurred with the requirement for the training must be outsourced. In to ensure standardization. The FAA has instructors to hold an ATP certificate addition, NATA stated the proposed modified the regulations for parts 121, but was unsupportive of the air carrier requirements are a disincentive for part 135, and 141 to permit those certificate experience requirement because very 135 pilots to get an ATP certificate holders to provide the training. few highly qualified instructor pilots because the proposed training Specifically, the FAA has: (1) Added the would be interested in low-paying requirements are not all relevant to ATP CTP to the list of pilot school educational positions. operations outside of 14 CFR part 121. ratings in § 141.11 and to the list of NAFI raised concerns over the The FAA acknowledges that, as a special preparation courses in appendix apparent prohibition of subject matter practical matter, pilots preparing for the K of part 141; and (2) established new experts (SMEs) from teaching in the ATP practical test have sought flight §§ 121.410 and 135.336 to permit part course, stating ‘‘such a limitation could training from certified flight instructors 121 and part 135 certificate holders to force the hiring of less knowledgeable even without explicit regulatory training obtain approval to provide the ATP instructors who have met the requirements. Although such training CTP. The applicability provision in part requirements for instruction based may have covered ground training on 142 permits those training centers to solely upon the acquisition of Part 121 the aeronautical knowledge areas in provide training required by 14 CFR experience, and not on individual § 61.155, pilots primarily sought flight part 61. qualifications.’’ training in the specific type of aircraft In the development of the final rule’s 3. Instructor Requirements in which they planned to take the ATP instructor requirements, the FAA practical test. Although fewer pilots In the NPRM, the FAA proposed that analyzed the existing training may choose to pursue an ATP certificate instructors for the ATP CTP must meet requirements for instructors in each rule with a multiengine class rating as a the following requirements: part authorized to teach the ATP CTP. result of the new training requirements, (1) Hold an ATP certificate with an Whereas each rule part’s instructor the pilots who seek an ATP certificate airplane category multiengine class requirements are designed to meet the outside of an air carrier will continue to rating; needs of the specific part (e.g. airman seek flight training from certified flight (2) have two years’ experience in certification for part 141, simulator instructors as preparation for the operations that require an ATP instruction for part 142, and air carrier practical test. Additionally, the practical certificate to serve as PIC; and operations for parts 121 and 135), none test in many cases will still be given by (3) for those instructors that will sufficiently cover all the competencies designated pilot examiners who provide training in an FSTD, have an necessary to deliver the ATP CTP as currently evaluate ATP applicants. appropriate aircraft type rating which designed. The specified training providers for the FSTD represents or have received Based on this regulatory review and the ATP CTP were chiefly determined training in the aircraft type from the the public comments, the FAA has by two factors: (1) The ability to sponsor certificate holder on those maneuvers assembled a specific set of instructor an FSTD as set forth in 14 CFR part 60; they will teach. requirements designed to ensure the and (2) the structure, systems, and As set forth in the NPRM, the ATP CTP instructor: (1) Understands management personnel required to instructors would also meet the fundamental principles of instruction; develop, implement and maintain the individual requirements associated with (2) has the requisite experience to FAA approved training program. This the applicable part under which they deliver the training topics with structure does not typically exist and is provide the ATP CTP (unless sufficient context to air carrier not required in part 61 training. specifically excepted in the proposed operations; and (3) if teaching in an The FAA disagrees with those regulatory text) to ensure the quality of FSTD, receives training on the commenters who suggested part 135 instruction. limitations of simulation in order to certificate holders should not be eligible Northern Michigan College supported mitigate the possibility of negative to provide this course. Part 135 the proposed instructor requirements learning. Specifically, the FAA created operators are eligible to sponsor a and stated an ATP training course new §§ 121.410, 135.336, and 142.54 simulator per the regulations and have taught by qualified training providers and modified § 141.33 to standardize approved designated examiners who are should provide higher quality course the instructor requirements for the ATP authorized to conduct proficiency content than that provided by a local CTP. checks that result in ATP certification. flight instructor, thereby increasing the A part 135 certificate holder may choose chance for improved flight safety.’’ CAE a. Operational Experience not to provide the course because its stated the instructor must have the The FAA has determined only pilots do not require ATP certificates or necessary qualifications and experience instructors with air carrier experience because it is cost prohibitive to provide requirements to teach the ATP CTP. may teach the course because only

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pilots with experience in part 121, and records to verify air carrier experience The final rule ensures that instructors PIC experience in parts 135 and 91, may not always be available. The FAA receive initial and recurrent training on subpart K—as defined by § 135.243(a)(1) has developed guidance in AC 61–138, the following topics: 14 and § 91.1053(a)(2)(i)—can effectively Airline Transport Pilot Certification • Proper operation of flight simulator link the academic content of the course Training Program, which provides a and flight training device controls and to the practical application of that systems; method for a pilot to attest to previous • knowledge in an air carrier experience. Proper operation of environmental environment. The concept and structure and fault panels; of the ATP CTP focuses on delivering b. Instructor Training • Data and motion limitations of the academic subjects and applying that simulation; • knowledge in an FSTD through As part of this final rule, each Minimum equipment requirements instructor who provides training for the for each curriculum; and scenario-based training emphasizing • how each subject area specifically ATP CTP must receive initial training in The tasks and maneuvers that will relates to large turbine airplanes and air the following topics: be demonstrated in the FSTD. The carrier operations. • The fundamental principles of the specific training requirements have been In order to clarify the position on the learning process; added to § 141.33 for those instructors operational experience requirement, the who will provide FSTD training for the • Elements of effective teaching, FAA proposed that instructors have at ATP CTP. In addition, because part 121 instruction methods, and techniques; least two years of experience as a pilot and part 135 instructor requirements for in command in operations under • Instructor duties, privileges, simulator operations and limitations are § 91.1053(a)(2)(i) or § 135.243(a)(1), or in responsibilities, and limitations; specific to air carrier training conducted under those parts, the FAA has added any operation conducted under 14 CFR • Training policies and procedures; this requirement to new §§ 121.410 and part 121. Whereas the experience in part and 135.336 to ensure that the training 121 operations is directly applicable, • the FAA chose these particular Evaluation. across rule parts is consistent with the operations in subpart K of part 91 and The FAA recognizes that some of objectives and requirements of the ATP part 135 because they are air carrier-like these training requirements may be CTP. operations that require the PIC to hold duplicative for holders of a flight c. Type Rating an ATP certificate. The ability to fly at instructor certificate that has not The NPRM also proposed the FSTD the ATP certificate level and have expired as well as instructors already instructor must either have an demonstrated this proficiency during qualified under certain rule parts. For appropriate aircraft type rating which evaluation is an important regulatory example, the fundamentals of the FSTD represents or have received differentiation. Specifically, these pilots instruction are trained and evaluated as will have gained experience as a PIC of training in the maneuvers they will part of the practical test standards for teach. As noted above, several a turbojet airplane or an aircraft with receiving a flight instructor certificate seating of 10 or more in operations very commenters expressed concern over the under part 61 and as part of the training potential for negative learning during closely aligned to part 121 operations. for instructors under part 142. The In addition, requiring air carrier the FSTD portion of the ATP CTP. As fundamentals of instruction are operational experience is consistent a result the FAA has determined that reemphasized for an active flight with existing instructor requirements. instructors for the ATP CTP must have Part 142 training centers are not air instructor or through instructor a type rating in the airplane that is carriers, but those part 142 instructors refresher courses and annual training replicated by the FSTD and receive who provide air carrier training must center evaluator/instructor training. As training on the maneuvers they will meet operational experience such, with sufficient documentation, the teach. Requiring a type rating of requirements for part 121 and part 135 FAA does not believe pilots with instructors is consistent with current instructors. The operational experience current flight instructor certificates or regulations for existing air carriers. For is necessary to ensure that each subject currently qualified part 142 training the purposes of the ATP CTP, the type area specifically relates to transport center personnel need to repeat such rating requirement has been added to aircraft and air carrier operations. For training. This accommodation is new §§ 121.410, 135.336, and 142.54. that reason, having an instructor with reflected in the final regulatory text. The requirement for a type rating was air carrier experience is critical. Further, With regard to FSTD training the FAA not included in part 141 regulatory text the FAA believes there are a sufficient believes well-trained instructors are the because those instructors must already number of instructors with the required best means of ensuring that pilots are hold a type rating on their pilot certificate in order to conduct training experience available, many of whom are receiving effective training through in a type specific aircraft or FSTD. already employed at likely ATP CTP simulation. There are two necessary providers. For example, air carriers that components for ATP CTP instructors: d. Subject Matter Experts conduct their own training often use (1) Training on the use and limitations their own line pilots for the FSTD The FAA has clarified its position on of simulation; and (2) training on the training. The FAA recognizes ATP CTP SMEs delivering academic training in tasks and maneuvers required in the instructors with the requisite experience the ATP CTP. As identified by ATP CTP. With the exception of part may require higher pay in comparison commenters, the ATP CTP contains to current part 141 instructors and even 142, no rule part specifically requires academic subjects for which SMEs some part 142 instructors. As a result, this training as a prerequisite to might be appropriate. The FAA sees the FAA has accounted for a higher instructing in a simulator. These benefit in a SME delivering a hourly wage in its economic analysis of requirements are especially critical for the costs associated with the course. the delivery of stall training, upset 14 The FAA notes that any instructor providing The FAA also recognizes due to many prevention and recovery training, and training in an FSTD should receive training on the operations in icing conditions where the topics listed. Making such a regulatory adjustment, factors, including air carriers that have however, would be outside of the scope of this terminated operations, employment risk for negative learning is high. rulemaking.

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specialized subject such as meteorology, for course completion. An individual such, the FAA has not incorporated this human factors, or flight dispatch. commenter stated the FAA had not time into the programmatic hours for Because the subjects focus on applying accounted for pre-brief and post-brief the ATP CTP in § 61.156; however, the knowledge to an air carrier time that is generally part of FSTD time is accounted for in the economic environment, the FAA will allow SMEs training. analysis. to deliver content in the ATP CTP while The FAA concurs with major To the extent that commenters requiring an instructor with the required commenters that additional topics recommended that the ATP CTP be air carrier operational experience be should be added and the training time competency-based rather than have present to ensure that the material should increase. Based on the specific specific hour requirements, such an presented is applied to air carrier topic areas proposed by commenters approach is not appropriate given the operations. The FAA has determined and the new accident analysis the FAA objectives of the ATP CTP. The FAA is these concepts can only be properly completed, the FAA reassessed the very aware of competency-based conveyed through an instructor with entire course and expanded the training and is clearly supportive of its practical operational experience to meet academic portion of the ATP CTP to concepts in air carrier training by the objectives of the course. emphasize certain areas proposed in the allowing advanced qualification NPRM. In particular, the FAA has programs (AQP), which use air carrier- 4. Training Topics and Hours expanded training on leadership, specific data to establish and revise a. Academic Topics and Hours professional development, CRM, and curricula. Training for certification, safety culture. Section § 61.156 requires however, is traditionally and necessarily The proposed ATP CTP incorporated six hours of training on these topics. more prescriptive and based on program most of the academic and FSTD Enhancing these training topics in the hours. Competency-based programs are competencies identified by the FOQ ATP CTP supports the objectives of most effective when the pilot is ARC and also addressed in part Section 206 of the Act by raising the continually trained and evaluated numerous NTSB safety baseline knowledge level of new-hire within the same training program over recommendations. The proposed pilots on these topics; however these the course of multiple years like at an program hours for the ATP CTP were provisions do not fully meet the intent air carrier. A pilot typically spends based on an assessment of the quantity of the statute. This will be addressed in weeks in an air carrier initial training and complexity of the subject matter. In the Flight Crewmember Mentoring program receiving multiple evaluations the NPRM, the FAA was prescriptive for Leadership, and Professional prior to the qualification event. Once 20 of the 24 proposed academic hours, Development rulemaking project. qualified, the pilot’s performance is leaving some discretion to the training Additionally, some subjects, measured by multiple data sources providers to determine what subject including checklist and MEL/CDL usage including line operations. An air areas needed additional time. The FAA and weight and balance, were moved carrier’s training programs and even its believed 24 hours of academic training from the FTD portion of the course to hiring practices can be altered to adjust was the minimum amount of time the academic portion. The FAA to inadequacies of its training programs necessary to cover the material and be determined these subjects could be whereas part 61 certification is typically effective. The FAA further described the taught effectively in the academic a one-time evaluation of the pilot’s academic content in a draft AC that was portion of the course using alternative skills during a practical test. As such, posted to the docket. devices, if appropriate, that do not standardized training requirements are The FAA received more than 80 require approval under part 60. The necessary to achieve the level of safety comments regarding the training topics expansion of training topics and focus desired. Further, since the training and training hours for the ATP CTP. on particular topic areas will remove the program could be provided across four Commenters including ALPA, Boeing, 4 hours of discretion to training different rule parts by different and Rocky Mountain College were providers allotted in the NPRM and will certificated air agencies and operators, a generally supportive of the topics increase the total minimum academic structured and approved curriculum proposed in the academic portion of the program hours from 24 to 30. combined with mandatory program ATP CTP. As noted by one commenter, the FAA hours will allow for the consistency Commenters such as A4A, Delta, did not account for briefing and desired by the FAA from all providers. NTSB, and IATA offered additional debriefing time for FSTD training academic training topics for the ATP sessions; a typical component of flight b. FSTD Topics CTP such as human factors, fatigue, training. The FAA agrees that briefing In the NPRM, the FAA proposed as error trapping, United States Standard and debriefing are an important part of part of the ATP CTP 16 hours of training for Terminal Instrument Procedures flight training because it allows for an in an FSTD qualified under 14 CFR part (TERPS), air law, mentoring, leadership, explanation of the learning objectives 60 on topics including low energy professional development, decision for the training session and the states/stalls, upset recovery techniques, making, dispatch and flight following. opportunity for the instructor to adverse weather conditions, aircraft Additional commenters, including reinforce the academic topic areas prior performance, navigation, automation, NAFI, recommended using the topics to the session and following the training and CRM. The draft AC that was placed presented in the FOQ ARC report. A4A, event. As such, the FAA has decided to in the docket further defined those FedEx Corporation (FedEx), and Parks emphasize briefing and debriefing time subject areas. Because the proposed College recommended additional before and after each FSTD period in the training was focused on introducing training hours to teach the material, 61–ATP advisory circular. This pilots to general concepts affecting all with total hours ranging between 30 and additional briefing time (3 hours) will transport category aircraft, the NPRM 50 hours. IATA commented that there provide a review of the training topics did not propose that the FSTD training should not be a specified number of before each FSTD period and tie them be conducted in a particular aircraft hours for the ATP CTP, but rather a directly to the academic portion of the type (non-type specific) as is required curriculum should be established and course. Briefing time before and after a for air carrier training. The FAA stated approved by the FAA based on the flight is not normally a prescriptive time in the AC, however, that the training concept of demonstrated competency accounted for in the regulations. As should take place in an FSTD that

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represents an aircraft with a maximum that does not apply to their experience FSTD for the entire course as long as it take-off weight of at least 40,000 and operational goals will lead to a has visual capabilities and a stick pounds. negative experience that does not shaker/pusher. Cape Air proposed that a The FAA received nearly 70 increase safety. level 5 or 6 FTD with realistic visuals comments regarding the appropriateness The FAA has concluded the ATP CTP would be sufficient for the course. OSU of requiring FSTD training that is not FSTD training topics are necessary to indicated a level 5 or higher device with specific to any aircraft type. Many of the reinforce the academic topics and to visuals would be just as effective as a commenters, including AAL, agreed the address the requirements of the Act. In Level C FFS and would result in training course should and can include addition, the FAA agrees with those reduced costs. The commenters added concepts that are generally universal to commenters that believe the FSTD that FTDs are an acceptable and safe transport category aircraft. CAPA noted training can be non-type specific and alternative to FFSs. AOPA was aircraft performance and high altitude not result in negative learning and particularly concerned that the FAA had flight environments are universal across therefore has decided to retain the non- not considered whether there was an the transport category spectrum. type specific training in an FSTD. adequate number of available FSTDs in IATA stated the ATP CTP should First, the FAA reiterates that this the United States to accommodate the include training in a non-type specific framework of academic training and number of ATP applicants who will FSTD because ‘‘the intention of the flight training is consistent with that of require training and raised concerns that course is the development of core other pilot certificates. Pilots routinely compliance may be difficult. competencies independent of airplane receive basic certification flight training ERAU cited various studies in their type and applicable to all types of multi- in one type of aircraft and then move on response that raised concerns regarding crew transport category airplane to fly many other types of aircraft the use of motion-based training operations.’’ KSU stated training on without a negative transfer of learning. devices, including the value of using non-type specific FSTDs would be The training received in the ATP CTP motion-based training devices in upset beneficial and would add significant will also be the last basic certification maneuvers, and disputed the need for value to the ATP CTP. The University training a pilot receives. It will address simulator training in extended of Dubuque and SCSU stated training in topics not covered at the commercial envelopes. One study asserts there are non-type specific FSTDs reinforces and pilot certificate level and establish a compromises made between cost and demonstrates concepts covered knowledge base that additional aircraft fidelity with the goal of getting the academically. A4A agreed with this type-specific and air carrier-specific highest degree of transfer of training proposal and stated principles of training can build upon when a pilot is from the simulation device to the real transport category jet operations do not trained to fly for an air carrier. world (Roscoe, 1980). An additional need to be type specific. Boeing noted Second, the ATP CTP is designed to study that was cited by ERAU expanded the concepts proposed to be trained in teach high-level concepts that are upon that finding, indicating that FAA- FSTDs are among those that have been applicable to operating all large qualified FFSs are unable to accurately consistently identified as lacking in transport aircraft. It will increase portray how an airplane would react recent accidents. knowledge through academic outside of the normal flight envelope— Several commenters, including introduction to concepts that are often referred to as extended envelope Ameriflight, FSI, and IFL Group, generally true across all large aircraft operations (Schroeder & Grant, 2010). disagreed with permitting portions of types and then consolidate those same ERAU noted the FAA participates in the the ATP certification training course in concepts through demonstration and International Committee for Aviation a non-type specific FSTD. The UAA experience in FSTDs. None of the Training in Extended Envelopes disagreed with any FSTD requirement training tasks will require applicants to (ICATEE). ERAU added ICATEE (2012) as part of the ATP CTP and noted the perform maneuvers to proficiency, but proposes an approach to examining the phrase ‘‘generally universal to transport rather experience critical events (stall issue by first defining training needs category aircraft’’ causes problems onset, low energy states, upset and then proposing solutions. The because it is onerous to pilots seeking prevention and recovery) with ICATEE solution for training extended an ATP certificate for non-transport continuous instructor explanation and envelope flight tasks includes using category aircraft. feedback. By combining this training flight simulation within its limitations. NATA opposed the requirement for experience with instructor explanation, The eight hours of training with motion- general instruction in an FSTD because the academic portion of the course will based simulation in the ATP CTP will it shifts the cost to pilots with no benefit be effectively consolidated while be for tasks in, or near, the extended because the training would be reducing the possibility of negative envelope where the correlation to actual superseded by air carrier initial training. transfer of learning for those pilots who flight conditions is problematic. ERAU The FAA received several comments may fly different aircraft types than concluded its comment with the concerning the possibility for negative those used in the course. statement ‘‘[n]o motion is preferable to training when conducting non-type incorrect motion.’’ specific training. NATA acknowledged c. Level of FSTD and Hours NTSB commented that, because value in additional training for The FAA proposed 16 hours in an simulators may not be able to accurately prospective ATP certificate candidates FSTD—8 hours in a Level C or D FFS portray stalls and upset recovery, the but stated that the ATP CTP will create and 8 hours in a Level 4 or higher FTD. FAA should allow flexibility in negative learning situations by forcing The FAA received more than 130 determining what level of simulation or pilots into non-applicable training. comments regarding the level of the automation is appropriate for specific NATA believes there are many pilots appropriate device but very little training. operating turboprop or piston engine comment concerning the appropriate A number of colleges and universities, aircraft that will be required to number of hours. including Utah Valley University (UVU) accomplish the training in turbine Many commenters, including the and Rocky Mountain College stated the simulators as part of the ATP CTP. Regional Airline Association (RAA), FFS requirement in the ATP CTP creates NATA and RACCA believe that UND, and FIT, stated that a level 4 or a significant obstacle for colleges and requiring these pilots to obtain training 5 FTD would be an appropriate level of universities with aviation degree

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programs due to the high costs of Many of the maneuvers such as taxi, that maneuver-based tasks must be obtaining and maintaining those takeoff, and landing can be conducted conducted in a Level C or higher FFSs devices. Aims Community College, only in a Level C or higher FFSs. because the FFSs provide the level of which operates a Level C FFS, was Neither FTDs nor Level A or B FFSs are motion cueing necessary to ensure supportive of the proposed minimum evaluated to perform such maneuvers. proper response in real flight FFS level. Commenters, including KSU, Additionally, low energy states, stall operations. These simulators most SCSU, USAPA, and WMU, stated the events, upset prevention and recovery closely represent an aircraft with respect approved curriculum should have techniques, and adverse weather to aerodynamic handling characteristics specified goals and competencies, not conditions, including icing, and possess the motion required to required hours. thunderstorms, and crosswinds, require achieve the learning objective of many The FAA concurs with many of the devices with motion cueing to achieve tasks. commenters’ assertions regarding the the learning objective. Only Level C or The FAA agrees with ERAU’s ability to utilize FTDs in an effective higher FFSs can replicate both the assertion regarding the limitations of training program. While an FTD does specific aerodynamic characteristics of FFS in extended envelope maneuvering not provide the sensory input of motion, the aircraft and the sensory perceptions and modeling; however, none of the the fidelity of the aircraft data and that motion provides, which are requirements in the ATP CTP involve replication of the aircraft controls can be necessary to allow the applicant the training in these extended envelopes. very high. These high fidelity devices opportunity to fully grasp the critical The FAA believes the commenter’s use without motion can offer effective concepts of the course. Level C or higher of the term extended envelope is training benefits for tasks that do not FFSs offer superior training benefits for referring to theoretical or analytical data require motion inputs to meet the maneuver-based training that cannot be used in simulation which may exceed learning objective (e.g., use of replicated adequately by an FTD. This typical manufacturer-captured flight test automation and navigational determination is based on the data. As set forth in AC 61–138, low instruments and CRM). conclusion that, while both visual and energy states (slow flight), approach to Following a review of the comments vestibular systems are directly impacted stalls, and even the upset prevention and a training task analysis consisting of by simulation, the element of these and recovery training will all be a re-evaluation of the FSTD topics and systems that is critical to satisfactory conducted within the manufacturer’s proposed device level, the FAA has training is motion on-set (or supplied and FAA’s National Simulator reaffirmed that it is not possible to train acceleration) cueing. In addition, for a Program validated aerodynamic all of the topics in an FTD. Therefore, pilot’s first exposure to critical envelope. the FAA has retained the requirement concepts, such as high altitude As noted by ERAU, the FAA participates in ICATEE and other for training certain topics in an FFS. A handling, low energy states, and aircraft flight training program that combines research projects in order to develop handling in adverse weather conditions, effective use of Level 4 and higher FTDs training tasks within current limitations Level C or higher devices are necessary and the benefits of Level C or higher and research adjusting future simulator in order for the pilot to achieve the FFSs best ensures that the learning modeling where appropriate. The learning envisioned by the Act. objectives will be effectively met. commenter also expresses concerns over Notwithstanding the decision to retain Various studies have shown an the lack of available displacement of training in FSTD, the FAA has modified increase in pilot performance when hexapod motion platforms that could the training hours in the final rule. pilots use simulators with motion. See induce negative transfer training if the Based on the task analysis, rather than Showalter, T.W.; Parris, B.L., ‘‘The training task exceeds the motion the 16 hours of FSTD training proposed Effects Of Motion And GSeat Cues On capabilities of the device. We concur in the NRPM, the final rule requires 10 Pilot Simulator Performance Of Three with this thought but re-emphasize all hours of training in FSTDs: Six hours in Piloting Tasks,’’ Ames Research Center, the training tasks proposed will occur a Level C or higher FFS and four hours Jan 1, 1980 (indicating 40% within the validated aerodynamic and in Level 4 or higher FTD. improvement on yaw performance and simulator motion envelopes. The upset As previously stated, the FAA has roll performance, engine out on takeoff training maneuvers used in the ATP moved some topics that were originally with use of motion simulators); Parris, CTP are supported through the research proposed for the FSTD portion of the B.L.; Cook, A.M., ‘‘Effects of visual and and development of the Airplane Upset course to the academic portion. The motion simulation cueing systems on Recovery Training Aid (AURTA) and FAA has matched the remaining flight pilot performance during takeoffs with recently validated by the 2012 Loss of training objectives from the ATP CTP engine failures,’’ Ames Research Center, Control Avoidance and Recovery with the appropriate level of device and Dec 1, 1978; Hosman, R.J.A.W., & van Training (LOCART) ARC. The LOCART determined the ‘‘FTD topics’’ (e.g. flight der Vaart, J.C. ‘‘Effects of vestibular and ARC was sponsored by the FAA and management systems) could be trained visual motion perception on task additionally supported by International in four hours rather than the eight hours performance,’’ (1981); Heintzman, Civil Aviation Organization (ICAO), the proposed in the NPRM. As a result, the Richard J. ‘‘Determination of Force European Aviation Safety Agency, and regulatory text of § 61.156 permits up to Cueing Requirements for Tactical Transport Canada to develop four hours of the ten hours of FSTD Combat Flight Training Devices,’’ recommendations for upset prevention training to be completed in an FTD— Training Systems Product Group and recovery maneuvers in order to which may be conducted in a Level 4 Aeronautical Systems Center Air Force minimize the loss of control inflight or higher FTD or Level A or higher FFS Materiel Command Wright Patterson accidents worldwide. The AURTA was (with or without motion activated). AFB, February 1997; Gebman, J.R.; developed by Airbus, Boeing, and the In completing the task analysis of the Stanley, W.L.; Barbour, A.A.; Berg, R.T.; Flight Safety Foundation; it contains ATP CTP, the FAA also determined that Birkler, J.L., ‘‘Assessing the Benefits and effective upset recovery training tools the training that must be completed in Costs of Motion for C–17 Flight designed to work within the simulator’s a Level C or higher FFS could be Simulators,’’ Department of The Air designed motion platform. This training accomplished in six hours rather than Force, Washington, DC, June 1986. is intended to increase a pilot’s ability the eight hours proposed in the NPRM. Accordingly, the FAA has determined to recognize and avoid situations that

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can lead to airplane upsets and improve captures most regional aircraft including less than 40,000 pounds that may be the pilot’s ability to recover control of larger turboprops like the Bombardier capable of replicating the lower an airplane that has exceeded the DHC–8–400. To ensure that the performance margins and handling normal flight regime. To further mitigate objectives of the ATP CTP are met, the qualities desired at higher altitudes to the possibility of negative transfer of FAA has incorporated the weight meet the learning objectives of the training, the FAA has published AC requirement from the AC into § 61.156. course. If a training provider seeks to 120–109, Stall and Stick Pusher Due to the potential for differing use a device that does not meet the Training, comprehensive guidance for interpretations associated with the weight criteria set forth in § 61.156, it the training and checking of stall events. terms ‘‘swept-wing’’ or ‘‘straight wing,’’ must apply for a deviation. In The FAA will publish additional the FAA has decided to remove that considering a deviation request, the Air guidance material in AC 61–138 for the language from the FSTD requirements. Transportation Division, the National academic training portion of the course The weight requirements described Simulator Program, and the certificate for the aerodynamics, and upset above and listed in the final regulatory holder’s assigned principal inspector or prevention and recovery topics based on language will produce the desired TCPM will work together to determine the recommendations of the LOCART handling qualities sought in order to if the training platform ensures quality, ARC. The FAA emphasizes instructor achieve the objectives of the course. effective training for ATP applicants training in all of its guidance material In response to commenters’ concerns and provides an equivalent level of relating to stall and upset, for both the over the lack of sufficient number of safety. operation of the training device and training devices to deliver the ATP CTP, d. FSTD Cost training in the device’s limitations, in currently there are 407 FAA-evaluated order to avoid a student’s potential for Level C or higher FFS devices that As reflected in the final regulatory negative learning. replicate aircraft with a maximum evaluation, the cost to provide the In the draft AC for the ATP CTP that takeoff weight at or exceeding 40,000 training is estimated to be equivalent was placed in the docket when the pounds. These devices represent 98% of across all possible training providers. NPRM published, the FAA stated that in all Level C and D FFSs that have been Although part 121, 135, 141 and 142 order to replicate the high altitude and approved by the FAA. The FAA has certificate holders may sponsor a low energy handling characteristics evaluated the average number of ATP simulator under part 60, there is no desired, the FFS should represent a certificate applicants per year over the requirement to own a simulator. Many swept-wing transport category airplane last 10 years (5,500), compared to the part 121 and part 135 certificate holders with a maximum gross takeoff weight of number of devices (81 FTDs and 407 currently utilize simulation for training 50,000 pounds or greater. The FAA did FFSs) defined by the rule and without the ownership and maintenance not propose this standard in the recommended for use in the ATP CTP. of the devices. It is common practice for regulatory text. Despite receiving Being conservative, the FAA assumed many air carriers to enter into significant comment on the training that all 10 hours of FSTD training would agreements with other carriers and part topics listed in the AC as well as what occur in Level C or higher FFSs. 142 training centers to lease time in level of device would be appropriate, Assuming each FFS is capable of five 4- FSTDs. Additionally, there is no the FAA received only one comment— hour simulator periods per day requirement to deliver the ATP CTP which was supportive—regarding the (allowing for one 4-hour maintenance training program, and each certificate proposed takeoff weight or wing design period per day), the U.S. inventory of holder must individually determine if of the type of airplane the FFS should these FFSs offers over 700,000 simulator providing the course best meets its represent. As part of the evaluation of periods. The 5,500 ATP certificate needs and ability. Although the FAA the FFS training topics and learning applicants will require 16,500 FFS considered cost when aligning the objectives, the FAA reviewed all of the periods from the U.S. inventory—less appropriate device to the training task, approved FFSs under 14 CFR part 60 than 2% of available simulator time. meeting the learning objective was the including the associated weights of the Use of FTDs in the course will only paramount consideration. aircraft they represent. Based on that improve availability. The AC suggests 5. FAA Knowledge Test for an ATP review, the FAA has determined an FFS the FTD should replicate multicrew Certificate representing an aircraft with a aircraft and be equipped with a flight maximum takeoff weight of at least management system (FMS) and In the NPRM, the FAA proposed to 40,000 pounds is necessary to meet the autoflight. Currently, 68% of FAA- revise the aeronautical knowledge areas objectives of the ATP CTP. evaluated Level 4 or higher FTDs (a total in § 61.155 to incorporate the new The weight of the aircraft the of 81 FTDs) replicate the desired aircraft knowledge areas in the ATP CTP. We simulator represents is an important as defined by AC 61–138. Therefore, the noted that such a revision would result factor in ensuring handling FAA has determined even with in changes to the ATP knowledge test. characteristics of a typical transport moderate usage for non ATP CTP Commenters such as IATA and the IFL aircraft. The 40,000 pound minimum training, there is ample inventory of Group believed the current ATP requirement will ensure the device can available FSTD time to accommodate knowledge test is inadequate. replicate the lower performance margins the requirements of the course. Commenters assert the current and handling qualities inherent in Finally, the FAA has decided to allow preparatory products available to transport category aircraft when being for consideration of a deviation from the applicants of the knowledge test only operated near their maximum operating weight requirement set forth in § 61.156. ensure rapid rote memorization of the weight at altitudes near their service The FAA established a baseline weight material and not knowledge retention. ceiling. Critical concepts such as high because it believes that having all FFSs The FAA concurs and has determined speed slowdowns and approach to stall representing aircraft weighing 40,000 academic knowledge gained and recoveries, which can take thousands of pounds or more allows for adequate evaluated in a classroom setting, feet to recover at high altitudes, cannot demonstration of the learning objectives reinforced with demonstration and be achieved in lighter aircraft types with described in AC 61–138. The FAA experience in an FSTD, and then higher thrust-to-weight ratios. The FAA recognizes, however, that there may be validated by a revised written notes that 40,000 pounds generally FFSs that represent an aircraft weighing knowledge test gives the applicant the

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best chance of knowledge retention. 6. Credit Toward Air Carrier Training for initial training in part 121, subpart This knowledge will allow the student Programs N. The general subjects that are listed in to perform more effectively upon In the NPRM, the FAA proposed that § 121.419(a)(1) contain many of the entering an air carrier environment—the the ATP CTP would be a basic more basic knowledge requirements ultimate goal of the Act. certification requirement, not an air now addressed by the ATP CTP. The FAA also proposed to extend the carrier training program requirement. The FAA has determined that some validity period for the knowledge test This position was consistent with the reductions in initial training for those for an ATP certificate to five years in provision in the Act that directed the more generic items listed in consideration of the applicant’s time FAA to modify the ATP certificate to § 121.419(a)(1) can occur. However, in and financial commitment to the ATP require the specific training previously CTP. The FAA considered the extension place of requiring POI approval for these discussed in this final rule. The FAA appropriate due to the proposed reductions, as was proposed in the specifically asked commenters whether elimination of the ability for air carrier NPRM, the FAA has decided to amend changes or reductions could be made to pilots to use expired knowledge tests. the general subject areas of initial a part 121 air carrier training program The FAA received no comments on this training for those air carrier new hire based on the proposed content of the proposal. In the final rule, FAA has pilots who have completed the ATP retained the five-year validity period for ATP CTP. There were 27 respondents CTP prior to initial training. As these the ATP knowledge test only for those who indicated that air carriers could general subjects will now be taught in pilots who pass the knowledge test after either incorporate the ATP CTP into the ATP CTP, it will raise the baseline having completed the ATP CTP— their initial program or reduce initial knowledge for all new hire pilots meaning any test passed after July 31, training hours based on the air carrier entering part 121 operations. This 2014. The FAA has also retained the providing the ATP CTP. Whereas most change will allow for more air carrier provision that allows pilots employed of the respondents were favorable to air specific training to occur in initial by certificate holders in parts 121, 125, carriers offering the course, commenters training while allowing for reductions or 135 to use expired knowledge tests. were split on the issue of reducing an in the required program hours. The FAA As set forth in § 61.39, pilots employed air carrier’s initial training program as a notes that, until August 1, 2016—the in parts 125 and 135 may use an expired result of the ATP CTP. FlightSafety and date that all knowledge test results knowledge test if they have completed Aerosim supported a reduction of initial completed without completion of the the ATP CTP and the operator’s training if additional subjects were ATP CTP will have expired—air carrier approved pilot-in-command training or covered by the ATP CTP. RAA indicated training classes could be comprised of checking program. New hire pilots in that reductions to air carrier flight some pilots who have completed the part 121 operations may use an expired training programs based on the ATP CTP and some pilots who have not knowledge test if they have completed proposed content of required ATP CTP completed the course. the ATP CTP and the operator’s initial would be difficult because the content of the ATP CTP was more generic than With regard to Ameriflight’s comment training program.15 These pilots regarding the impropriety of air carriers employed by air carriers are subject to air carrier training. A4A stated ‘‘a review of initial training should be providing training that results in part 61 additional training and evaluation certification, the FAA is unclear of the requirements that will ensure that they accomplished’’ without further explanation for why such a review basis of Amerifight’s confusion. have a continued understanding of the Regulations have recognized part 61 general concepts of the ATP CTP. If an should occur. Ameriflight claimed there is no legal basis for air carriers to certification events for ATP certification applicant outside of an air carrier and type ratings through air carrier environment fails to take the practical provide part 61 training. Although part 121 and part 135 training programs for many years. test within five years of taking the operators may elect to offer this training knowledge test, he or she must retake 7. Additional Course Requirements for their pilots, it would remain separate the knowledge test to validate retention from part 121 and part 135 training The FAA has added provisions to new of the subject areas of the ATP CTP. The requirements. Because the proposed §§ 121.410, 135.336, and 142.54 to FAA has modified § 61.35 to make clear ATP CTP is part of the basic ensure that certificate holders maintain that a person may not take the certification requirements for an ATP certain standards for the ATP CTP. First, knowledge test for the ATP certificate certificate, air carriers who elect to offer there is a provision in the final rule that with an airplane category multiengine this training would be required to prevents certificate holders from issuing class rating until the person is 18 years provide the course to their pilots prior graduation certificates unless a student of age. has satisfactorily completed all of the Finally, as set forth in existing to beginning initial training. The FAA training requirements for the ATP CTP. § 61.49, those applicants who fail the proposed that principal operations Second, the FAA is requiring certificate knowledge test for the ATP certificate inspectors may approve a reduction of holders to establish a mechanism that after completing the ATP CTP are hours in an air carrier’s initial training insures continued evaluation of the ATP required to receive the necessary program based on material taught in the CTP to guarantee that training remedial training from an approved ATP CTP. However, because the ATP techniques, procedures, and standards ATP CTP training provider and receive CTP requirements are basic certification are acceptable to the Administrator. an endorsement before retaking the requirements, these hours could not be These requirements are in addition to knowledge test. reduced based on the contents of an air carrier’s initial training program. the administrative requirements that are already contained in the various rule 15 As set forth in § 61.39(b), the knowledge test The FAA agrees with many results for pilots who pass the knowledge test commenters that the initial flight parts. Because part 141 pilot schools before August 2014—meaning they have not training should not be reduced because currently have similar requirements for completed the ATP CTP—will expire 24 months type-specific and operator-specific training courses and are required to after the date the test was passed. These pilots may renew their certificates every two years, not use an expired knowledge test to take the training is critical in the development of practical test even if they are employed by an air air carrier pilots. The FAA conducted a no provisions have been added to that carrier. review of the ground training required part.

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E. ATP Certificate With Restricted FAA also proposed amending § 61.167 attending a four-year postsecondary Privileges (§ 61.160) to preclude a pilot who holds an R–ATP institution is an adequate replacement certificate from providing instruction for 500 hours of flight time and 175 1. Public Law and NPRM under that section. hours of flight time in cross-country Section 217 of the Act mandates that operations. Delta stated that a reduction 2. General Support for and Opposition an applicant for an ATP certificate have in hours, training, or experience for to an ATP Certificate With Reduced ‘‘at least 1,500 flight hours.’’ The section pilots exercising the PIC privileges of an Hours gave the FAA discretion to permit ATP certificate is not appropriate based applicants to obtain an ATP certificate Sixteen commenters, including APA, on the statute. with fewer than the minimum 1,500 CAPA, USAPA, and Kestrel Aviation, The majority of commenters, hours if they have completed ‘‘specific LLC, (Kestrel) believe reducing the flight including representatives of air carriers, academic training courses,’’ 16 as hour requirement to be eligible for an educational institutions, and aviation determined by the Administrator. The ATP certificate should not be allowed. organizations, were generally supportive Act permitted a reduction only upon a The Families of Continental Flight 3407 of a restricted privileges ATP certificate determination by the Administrator that stated that they would like to see ‘‘every but recommended alternatives to the the courses would ‘‘enhance safety more pilot required to have the minimum proposal and suggested that it be made than requiring the pilot to fully comply 1,500 actual flight hours before being available to a greater number of pilots. with the flight hours requirement.’’17 eligible for an ATP certificate.’’ Four Fifteen commenters offered opinions Based on the discretion afforded to New York Congressmen and RACCA and comments on what they referred to the Administrator in section 217, the opposed a reduction in flight time for as arbitrary hour requirements, FAA proposed a new section, everyone except military pilots. Several including CAA and IATA. A4A stated § 61.160,which set forth two alternative individual commenters added that that flight time alone does not ensure flight hour requirements for an ATP completing flight training through a part pilot proficiency or professionalism and certificate with airplane category 141 pilot school or part 142 training added that formal education combined multiengine class rating based on center cannot replace flight experience. with good hiring practices, training, and academic experience. Specifically, the CAPA commented that ATP mentoring will produce the most highly FAA proposed to permit military pilots certification is a well-proven system and qualified pilots. American Flyers/Nova who have graduated from an Armed the 1,500-hour minimum time Southeastern University argued that the Forces undergraduate pilot training requirement provides an undeniable FAA should not consider flight hours school to obtain an ATP certificate with basic level of safety and operational alone as a satisfactory indicator or 750 total flight hours and graduates of proficiency. APA stated: (1) The 1,500 piloting ability, judgment, or four-year aviation degree programs with flight hour requirement helps ensure experience. It stated that the integrated flight training to obtain an that a mature, experienced aviator will qualification for the R–ATP certificate ATP certificate with 1,000 total flight be at the controls; (2) there is no should be based on a combination of hours. substitute for experience; and (3) the academic training and experience. The FAA proposed to limit the most effective way for pilots to gain Several commenters, including AOPA, privileges of any pilot who obtains an essential experience is to fly aircraft. RACCA, and the University of Dubuque ATP certificate under the aeronautical APA noted that, along with total flight thought the minimum age of 21 for an experience requirements of new hours, ATP certificate requirements R–ATP was also arbitrary. One § 61.160. As set forth in the NRPM, a include cross country, night, and individual commenter added that there pilot holding an ATP certificate with instrument flight hours that develop was no evidence to suggest age 18 fewer than 1,500 hours (an R–ATP pilot skills that cannot be taught in a undermined safety. certificate) would not be permitted to classroom or properly developed in a SAFE stated that academic experience act as PIC in part 121 operations or as simulator. CAPA stated that real-world should only be used to reduce flight PIC in operations conducted under experience is vital. hours if there is demonstrable evidence § 91.1053 and § 135.243—the only NAFI submitted results of a survey it to support it. Four commenters, operations under parts 91 and 135 that conducted with 427 of its members including WMU, and John A. O’Brien require the PIC to hold an ATP regarding the proposals and questions Consulting, LLC, agreed that a R–ATP certificate. A pilot holding an R–ATP presented in the NPRM. A majority of certificate should be permitted based on certificate would also not be permitted the responders indicated that they did training or experience. to serve as SIC of an aircraft in flag or not support an ATP certificate with GAMA argued that there should be no supplemental operations that require restricted privileges for pilots with flight hour minimum; rather, the FAA three or more pilots because, even prior fewer than 1,500 flight hours based on should focus on ensuring the quality of to the statutory requirement, SICs in academic training or experience. flight training. It added that eligibility those operations were required to hold However, the results of the survey also for an R–ATP certificate should be an ATP certificate. showed that a significant number of determined through evaluation of the In addition, the FAA proposed to NAFI members (327 respondents) quality of the applicant’s academic and modify the eligibility requirements of believed that segments of the pilot practical flight training. Three § 61.153 to establish a minimum age of community other than military pilots commenters noted that the quality of 21 years for an R–ATP certificate. The and graduates of four-year aviation flight experience was a better indicator degree programs should be eligible for of pilot success than only quantity of 16 The Act specified that these training courses an R–ATP certificate. flight hours. Six commenters contended must be beyond the additional training required by the Act itself. In other words, the new training AmeriFlight commented that the that the FAA needs to allocate resources mandated by the Act could not be a basis for a proposed rule will isolate many factions to develop a better formula for rating the reduction in flight hours below 1,500 hours. of the industry and funnel students to formal training, education, and 17 Current regulations do not define the term the cost-prohibitive four-year college experience of candidates for an R–ATP ‘‘flight hours;’’ therefore, the FAA assumes that the flight training programs. AmeriFlight 1,500 flight hours referenced in the Act represents certificate. the 1,500 hours total time as a pilot currently questioned whether the FAA believed The FAA continues to support an required by § 61.159. that the knowledge gained while ATP certificate with restricted privileges

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for pilots who are at least 21 years of provides satisfactory evidence of having commenters. The RAA contended that age. The majority of commenters met the age requirements in the FOQ ARC credit system is the model asserted that allowing a reduction in § 61.153(a)(1) and the aeronautical for establishing the proper level of flight hours based on academic experience requirements of § 61.159. eligibility and academic credit levels coursework is safe, appropriate, and The flight time requirements for an that should be provided for students of meets the intent of Congress. For the ATP certificate under § 61.159 are not worthy programs. Finally, the RAA commenters who disagree with being altered by this rule. Therefore, added that the NPRM fails to recognize establishing an ATP certificate with pilots acting as PIC under part 121, the myriad of important providers of fewer than 1,500 hours, the FAA also § 135.243(a)(1), and § 91.1053(a)(2)(i) are academic education and relevant flight maintains that flight experience in an still required to have at least 1,500 experience that should be considered aircraft is an important component in hours of total time as a pilot. for flight hour reductions. Additional developing the knowledge and skills Additionally, the age requirement for supporters of the FOQ ARC crediting necessary for a pilot to perform obtaining an ATP certificate to serve as system included A4A, CAA, American effectively in the air carrier PIC is not being altered in § 61.153. Eagle Airlines, Inc., ExpressJet, environment. However, by granting the Pilots must continue to be at least 23 Aerosim, FedEx, Cape Air, AAL, John FAA discretion to reduce the required years old to act as PIC in operations that O’Brien Consulting, MTSU, Spartan flight hours based on specific academic require an ATP certificate or to serve as College, and numerous individual training, the Act acknowledged that SIC in flag or supplemental operations commenters. flight time is not necessarily the only requiring three or more pilots. The FAA The National Training Aircraft component to developing a safe and agrees with many of the commenters Symposium (NTAS), which consisted of qualified pilot. The FAA concurs and that the existing total time requirements 80 industry members from academia, air has determined structured academic for an ATP certificate are appropriate to carriers, and flight training providers, training integrated with flight training act as PIC. recommended a crediting system very programs can provide more safety The following sections address similar to the FOQ ARC crediting benefit than simply meeting the 1,500 specific comments about alternative system with the only difference in the hour flight time requirement alone. crediting systems, the eligibility of amount of credit allowed for flight Accordingly, the FAA will permit a military pilots and graduates of four- instruction. Supporters of the NTAS pilot to obtain an ATP certificate with year aviation degree programs as system included JetBlue, WMU, Purdue restricted privileges and serve as an SIC proposed in the NPRM, and specific University, and FSC. in part 121 operations. The minimum recommendations from commenters The FAA has reconsidered the FOQ aeronautical experience requirements regarding expanding eligibility for the ARC crediting system and determined and age requirements of an R–ATP R–ATP certificate beyond those that implementation and oversight of certificate will greatly exceed the proposed in the NPRM. such a complex system, or a variation of commercial pilot certificate 3. FOQ ARC Recommendation it, would be too burdensome. Allowing requirements previously required to a large number of crediting options serve as SIC in part 121 operations. As The FOQ ARC recommended creates a much more complicated discussed in greater detail below, the crediting academic training as well as process for FAA examiners and academic coursework prerequisites for aeronautical experience. The ARC designees in determining and validating the R–ATP certificate together with the developed a complex system that not how much credit a pilot can get to be additional flight hour experience and only permitted flight-hour credit for a eligible for an R–ATP certificate. In the new training required for ATP variety of academic training including addition, the weighted flight experience certification will result in a pilot who is both two- and four-year aviation degrees concept gives a multiplier effect to better prepared to enter an air carrier but also allowed weighted credit for hours that were deemed more environment than meeting the 1,500 various flight experience. applicable to air carrier operations and hour requirement alone. Eleven commenters, including NAFI, therefore more valuable to a prospective The FAA emphasizes that pilots who Boeing Commercial Airplanes (Boeing), air carrier flightcrew member. While the meet these alternative hour NATA, RAA, JetBlue, WMU, Purdue, FAA finds value in the weighted flight requirements will be required to pass and FSC suggested that the FAA experience concept, the Act does not the same ATP knowledge test and implement a system of weighted flight permit giving flight hour credit to practical test as pilots who obtain an hour reductions based on pilot certain types of flight experience to ATP certificate at 1,500 hours. In experience. NAFI noted that the Pilot reduce the minimum required flight Source Study and the recommendations addition, in the final rule, the FAA is hours for the ATP certificate.18 retaining the limitations on the of the FAA’s FOQ ARC should be Considering phases I and III of the certificates of pilots who obtain an ATP referenced in any consideration of credit Pilot Source Study, the crediting system certificate with the reduced flight hours. options. Boeing stated that the FAA proposed by the ARC, and the These pilots will have the following should credit all manner of training that structured academic coursework a limitation placed on their certificates: would better prepare pilots for air graduate completes for an aviation ‘‘Restricted in accordance with 14 CFR carrier operations. Boeing noted that 61.167’’ and ‘‘Holder does not meet the this would include all college aviation 18 The FAA notes that Section 217 of the Act pilot-in-command aeronautical programs, approved courses from part directed the FAA to ensure that applicants for an experience requirements of ICAO.’’ 141 and part 142 certificate holders, and ATP certificate had received ‘‘flight training, Pilots who hold ATP certificates with all related experience and courses. academic training, or operational experience’’ that would prepare the pilot to function effectively in these limitations will not be permitted The RAA argued that the FAA should an air carrier environment. Several paragraphs later to act as PIC in any operation that adopt the recommendations of the FOQ in Section 217, Congress gave the Administrator requires an ATP certificate or serve as ARC. It noted the FOQ ARC discretion to reduce flight hours for the ATP SIC in flag or supplemental operations recommended an aeronautical certificate based on ‘‘specific academic training courses.’’ The FAA has determined that the failure that require three or more pilots. The experience credit system that to list operational experience in this provision of FAA will remove the restriction from incorporated many of the individual the Act does not permit the FAA to reduce flight the ATP certificate once the pilot recommendations identified by other hours based on operational experience.

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degree, the FAA has determined that a 55% of respondents stating that 750 military pilot will still be required to reduction in flight hours is appropriate, hours was adequate. complete the ATP certification training and we have retained credit for The FAA has determined that program in new § 61.156, pass the ATP academic training in the final rule. In permitting military pilots to obtain an knowledge test, and pass the ATP addition to decisions surrounding the R–ATP certificate with fewer than 1,500 practical test or air carrier evaluation crediting system proposed by the ARC, hours is appropriate due to the quality that results in the issuance of an ATP the FAA also engaged in extensive and structure of military training. To be certificate. In addition, prior to serving qualitative evaluation of aviation degree accepted into a pilot training program in in part 121 operations, military pilots programs and courses, which will be one of the branches of the military, a will be required to complete an air discussed in more detail later in this person must undergo a rigorous carrier’s initial training program and final rule. This evaluation, coupled with screening process including an pass a proficiency evaluation. the documentation that will be provided assessment of aviation aptitude. Accordingly, a military pilot will be by the aviation programs, will help to Depending on the branch of the required to demonstrate knowledge of ensure that crediting hours are only military, an applicant for pilot training civilian operations. granted for legitimate aviation program must hold an associate’s degree or a The FAA has modified § 61.39 to coursework. bachelor’s degree. Once accepted into a require military pilots applying for the pilot training program, a person is ATP practical test to present the 4. Military Pilots assigned full-time to aviation training. documents listed in § 61.160(a) to Commenters submitted 95 responses As an example, the United States Air substantiate eligibility for an R–ATP regarding the proposal to allow military Force Specialized Undergraduate Pilot certificate. These documents include an pilots to obtain an R–ATP certificate Training (SUPT) includes four to six official U.S. Armed Forces record that with 750 hours of flight time. Eighty- weeks of academic and preflight shows that the applicant graduated from eight commenters agreed a restricted training on aerospace physiology, a U.S. Armed Forces pilot training privileges ATP certificate is appropriate altitude chamber tests, aircraft systems, school and received a rating for military pilots. Several other aviation weather, mission planning, and qualification as a military pilot. individual commenters observed that navigation. After initial academic and Graduation from a training program the military operational environment is preflight training, the Air Force student designed to qualify a military pilot different than the air carrier pilot undergoes 22 weeks of primary solely for operation of unmanned environment, so reductions based on aircraft training before transitioning to a aircraft systems will not satisfy the military experience are not justified. track of advanced aircraft training that requirement in § 61.160(a). CAPA specifically stated there is no continues for another 24 to 28 weeks. Additionally, the FAA notes that empirical evidence that a graduate from During flight training, military pilots regulations do not currently permit the a military program has better experience continue their academic training time acquired while operating an or skill than other airman. through detailed briefings and unmanned aircraft system to be logged Four New York congressmen and debriefings of their flight training. An to meet aeronautical experience RACCA opposed a reduction in flight Air Force student pilot is committed to requirements for FAA certification. time for anyone except military pilots. a 12-hour duty day while at SUPT, and Although several commenters have These commenters acknowledged the his or her flight proficiency is suggested the FAA allow a further highly specialized disciplined screening continuously assessed. Additionally, reduction in flight hours for military and training procedures military pilots during the flight training phases, an Air pilots, the FAA has received no undergo. Force student pilot participates in flight compelling data to support such a Twenty-eight commenters, including training every day, either in a simulator reduction. In addition, the FAA notes Delta, CAA, and RAA, indicated a 750- or an aircraft. that, based on averages provided by the hour requirement for former military Similarly, a Navy pilot completes a military, an additional reduction would pilots is too high. Most commenters six-week indoctrination program which have limited impact on those that could stated 500 hours is more appropriate. includes classes in aerodynamics, air take advantage of this provision. Spartan College stated ‘‘the rigor and navigation, aviation physiology, and Specifically, the majority of military quality selection process for military engineering. The Navy pilot next pilots who complete their service pilots linked with highly structured completes primary training in obligations will have acquired the 1,500 training meets or exceeds the approximately 22 weeks. It includes hours required for an unrestricted ATP requirements of the NPRM’’ and added ground-based academics, FSTDs, and certificate. Army pilots who average that 500 hours is appropriate for flight training. The Navy pilot then approximately 800 hours when they military pilots who operate in a multi- continues to advanced flight training. complete their service obligations and crew environment. Based on the comprehensive and pilots who are honorably discharged An additional 17 commenters demanding nature of military pilot from the military prior to completing including ERAU, KSU, JetBlue, NAFI, training, the FAA is adopting the their service obligation would be most PABC, GAMA, FSC, CAE, NATA, DSU, proposed requirement to allow military likely to benefit from the R–ATP and a number of individuals agree pilots who have graduated from an certificate. military pilots should be eligible for a Armed Forces flight training program to restricted privileges ATP certificate but apply for the ATP practical test after 5. Graduates With a Bachelor’s Degree did not suggest how much experience is obtaining 750 hours of flight time. To in an Aviation Major appropriate. Three commenters, the extent that some commenters have One hundred and seventy-five including Aerosim, stated 750 hours is suggested a reduction is not appropriate commenters supported an R–ATP too low and suggested 1,000 hours due to operational differences in certificate for applicants with a instead. Aerosim conducted a survey of military operations, the FAA responds bachelor’s degree with an aviation over 300 of its part 141 flight training that the completion of military pilot major. Several academic institutions institutions that indicated that 71% of training and the accumulation of 750 including the Council for Higher the respondents support a reduction in flight hours does not automatically Education Accreditation (CHEA), the flight hours for military pilots, with result in an R–ATP certificate. Rather, a American Association of Community

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Colleges, UAA, Fox Valley Technical complete ground and flight training the FAA establish requirements for College of Aeronautics, WMU, Aims toward a commercial pilot certificate academies to qualify them. Other Community College, ERAU, Hesston and instrument rating. commenters suggested that the FAA College, Purdue, KSU, FSC, Based on the fact that the academic offer an R–ATP certificate to graduates Westminster College, UVU, SIU, OSU, coursework completed as part of an of a four-year collegiate flight program MTSU, DSU, Spartan College, Nova aviation major generally exceeds the with fewer total flight hours, generally Southeastern University, and Florida time a pilot might spend in ground in the range between 500 and 1,000 Institute of Technology were supportive school outside of that environment, the flight hours. of the flight experience reduction based FAA continues to support a reduction of on academics. In addition, several flight hours for graduates with an Ten commenters, including KSU, individual commenters stated that aviation major from a four-year SJSU, WMU, UVU, Aerosim, ALPA, graduates of an aviation degree program institution of higher education who American Flyers, and Nova should be eligible to obtain an R–ATP complete ground and flight training as Southeastern University believe the certificate because the quality of part of approved training courses at a proposed 1,000 hours of flight training received at such schools is part 141 pilot school that is associated experience is adequate. Approximately superior to that received under part 61. with the institution of higher education. 47 percent of NAFI’s members indicated CAPA commented that there is no Over the course of several years, these that 1,000 hours is too low but did not empirical evidence that a graduate of an graduates complete significant aviation specify how many of those responding aviation degree program has better coursework well above the hours of generally oppose an R–ATP certificate. experience or skill than an airman who ground training required for commercial The FAA has considered the 2010 and has not. CAPA also stated that, because pilot certification. In addition, a 2012 Pilot Source Studies, the FOQ ARC most pilots cannot afford the student’s knowledge and flight report, and the structured academic ‘‘extraordinarily high cost of specialized proficiency are continuously evaluated coursework in aviation a graduate aviation institutions,’’ the reduction in throughout the degree program. receives 19 flight hours for these graduates is unfair Notwithstanding the FAA’s continued and has determined that, because an applicant with financial support for a reduction in required based on the best currently available resources can ‘‘purchase’’ their flight hours for these applicants, the information, it is appropriate to retain qualifications without having to gain FAA has refined, clarified, and the minimum 1,000-hour aeronautical flying experience. Moore Air, Inc. stated expanded some elements of the R–ATP experience requirement for graduates of that permitting pilots from aviation certificate as it applies to graduates of four-year degree program with an bachelor’s degree programs affiliated degree programs with aviation majors in aviation major who obtain their with part 141 schools discriminates the final rule. These modifications are commercial pilot certificate and against pilots with fewer economic discussed in the following sections. instrument rating from an associated part 141 pilot school. Commenters have resources. John A. O’Brien Aviation a. Flight Hour Requirement Consulting, LLC, stated the restricted not provided compelling evidence to privileges ATP certificate should not be Notwithstanding general support for a support a further reduction in hours for limited to college graduates from ‘‘select reduction in hours for these pilots, graduates of these programs. Many universities.’’ AAL commented that the many commenters recommended commenters referenced the 2010 Pilot NPRM encourages pilots to attend a reducing the hours below the 1,000 Source Study (which indicated that the four-year aviation college or university hours proposed in the NPRM. most successful pilots in initial training, but fails to recognize that such paths are One hundred sixty-five commenters without any consideration of the stated that 1,000 hours is too high, available only to those willing and able manner in which they received their including OSU, Aviation Professional to afford such educational paths. AAL aviation training, were those pilots Development, LLC (APD), DSU, and the acknowledges that higher education and hired with 500–1,000 hours) to justify Pilot Career Initiative. AAL and quality training should be encouraged why they felt the FAA should reduce Westminster College stated 1,000 hours but quality training is also available in the hour requirement further.20 The places outside accredited four-year is much too high to provide an incentive for pilots to pursue a formal education. FAA notes that the third phase of the aviation colleges. Pilot Source Study, which was In support of a reduction based on Most commenters responded that a submitted to the docket, indicated that academic credit, Parks College (Parks) total flight time of 500 to 750 hours is stated that its aviation graduates more appropriate for graduates of a four- pilots with 1,001–1,500 total flight accomplish approximately 220 ‘‘hours year aviation degree program. Many hours had more completions in training of ground and classroom instruction commenters, including Delta, ERAU, than any other group, including the leading to a [commercial pilot and Rocky Mountain College cited the group with 500–1,000 total flight 21 certificate] with an instrument rating.’’ Pilot Source Study as evidence that the hours. Parks noted that, in addition to this FAA should allow pilots with fewer classroom training for pilot certification, than 1,000 hours to be employed by air 19 There is further discussion of the FAA’s review its students complete an additional 480 carriers. The American Aviation of academic curriculum later in this document. This review provided additional support to the agency’s hours (32 credit hours) of academic Institute (AAI) along with several other decision to retain the credit for graduates of coursework on topics related to aviation commenters suggested the rule be aviation degree programs. and air carrier operations. UND also simplified by establishing the 750-hour 21 A summary of the findings of the 2012 Pilot provided information demonstrating threshold for an R–ATP certificate to Source Study was submitted to the rulemaking docket. The FAA considered the results along with that graduates of its professional flight civilian candidates who have graduated additional factors during development of the final curriculum must complete 464 hours of from accredited programs including rule. A recent journal article discussing the results instruction in required aviation two- and four-year universities, of the 2012 Pilot Source Study concluded that coursework that includes courses on programs designed for university ‘‘flight hours are not a good predictor of performance.’’ The journal article can be found in human factors, flight physiology, graduates, and other structured the Journal of Aviation Technology and advanced aerodynamics, and aviation academies run by training organizations Engineering, Vol.II, Issue 2 (2013) at: http:// weather. These students must also and by airlines. AAI also recommended docs.lib.purdue.edu/jate/vol2/iss2/2/.

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b. Institutional Accreditation and are established for student performance The FAA is retaining the requirement ‘‘Aviation Degree Programs’’ and the type of degree programs are for institutional accreditation in this The FAA proposed in the NPRM to more clearly defined. An individual final rule because accreditation ensures permit a reduced flight hour commenter also suggested ‘‘aviation- that education provided by institutions requirement for applicants who hold a related degree’’ is too broad. The of higher education meet acceptable bachelor’s degree with an aviation major commenter suggested the FAA specify levels of quality. Accrediting agencies, obtained from a postsecondary the number of hours as well as the as defined by the Department of educational institution that satisfies the subject areas that should be taught. Education in 34 CFR 600.2, develop definition of ‘‘accredited’’ as established Barbary Coast Consulting expressed evaluation criteria and conduct peer by Department of Education in 34 CFR concern that the determination of what evaluations to assess whether those degree credits would qualify for a criteria are met. According to CHEA, 600.2. The Department of Education reduction in hours would fall to the accredited status is a signal to students maintains a database of accredited academic institution and recommended and the public that an institution meets postsecondary institutions and that the FAA should make this at least threshold standards for its programs available at the following Web determination based on how these faculty, curriculum, student services, site: http://ope.ed.gov/accreditation/. classes will actually enhance aviation and libraries. UAA fully supported the proposed safety. The FAA acknowledges the value of requirement that any degree-granting The Families of Continental Flight programmatic accreditation, but it is not institution qualifying its graduates for 3407 stated that, while there is value to the sole means of assuring the quality of reduced flight hours must be accredited aeronautical knowledge and training an aviation degree program for the by a nationally recognized accrediting provided by four-year accredited purpose of qualifying students for an R– agency as defined by the Department of institutions that offer aviation degrees, ATP certificate. Currently, AABI is the Education in 34 CFR 600.2. UAA such graduates should not ‘‘blindly be only organization that provides contended that this type of accreditation accorded flight hour credit without accreditation to aviation degree insures the validity of the institution carefully evaluating each course to programs. As noted by UAA, if program- granting the degree and provides the determine if it meets the law’s specific specific accreditation becomes a most inclusive form of accreditation criteria[.]’’ The Families of Continental requirement for the R–ATP certificate, possible by which to prepare pilots for Flight 3407 specifically noted that the the number of eligible institutions will the proposed R–ATP certificate. UAA law required that academic training be reduced to 29. added some of their member institutions courses ‘‘enhance safety more than The FAA agrees, however, with hold program-specific accreditation in requiring the pilot to fully comply with commenters who believe that the addition to institutional accreditation, the flight hours requirement.’’ P.L. 111– requirements of ‘‘aviation degree but the majority do not have program 216, sec. 217(d). The Families of programs’’ must be better defined. The accreditation at this time. UAA looked Continental Flight 3407 further stated FAA has reviewed aviation degree at current, national collegiate flight that the FAA should develop a curriculum requirements from over 100 training and indicated the number of procedure to carefully evaluate the colleges and universities and found that eligible institutions will decrease from coursework in each graduate’s academic graduates of four-year universities over 164 to 29 if program specific program and only give credit to courses receive bachelor’s degrees with as few accreditation becomes a requirement. that enhance aviation safety and not as 27 credit hours and as many as 85 UAA noted that two institutions that courses that focus on ‘‘tangential areas credit hours in aviation and aviation- currently hold program accreditation are of aviation.’’ They indicated that credit related courses. In addition, required phasing out their pilot training should be based on a course-by-course courses and electives within aviation programs. basis and not a blanket 500-hour degree programs vary significantly. KSU stated that the relationship reduction. Many aviation degree programs are not between the academic institution and NATA noted that the Act gave the focused primarily on preparing a the flight training provider signifies a FAA authority to allow for reduced student for a career as a professional strong commitment to quality pilot hours based on a safety assessment. It pilot but rather for careers in areas such education and fosters an environment of argued that the FAA failed to as air traffic control, aerospace professional pilot training. KSU added demonstrate in the NPRM that it had engineering, aircraft maintenance, or that Aviation Accreditation Board performed a comprehensive analysis. business aviation. If the requirements International (AABI) accreditation and AAI indicated that the FAA should set proposed in the NPRM were not refined, part 141 approval by the FAA provide specific program standards that can be graduates of those degree programs the needed quality assurances for the met at the undergraduate or graduate could be eligible for an R–ATP quality and integrity of flight training. levels at accredited schools and certificate without having completed Purdue added that the same credit universities. relevant coursework designed to should be given to graduates of AABI- Spartan College commented that the improve their knowledge and skills as a accredited flight programs regardless of education program must be well pilot. the part under which the school integrated with the university to make For this reason, the FAA has decided operates. APD agreed with the proposal sure that classroom and flight lab time that broad approval of aviation degree to provide an R–ATP certificate but match the learning objectives. Spartan programs based on accreditation alone indicated that those R–ATP certificates College recommended that all academic is not sufficient. Rather, the most should be available only for those and ground school courses be taught by critical element for determining whether students attending an AABI-accredited faculty and instructional staff employed a graduate should be eligible for an R– flight school. by the institution. Spartan College ATP certificate is the body of The FAA received several comments indicated, however, that flight training coursework completed prior to requesting the FAA further define could be taught either by an institution’s graduating with a degree in an aviation ‘‘aviation degree program.’’ The NTSB instructional staff or by one or more major. Establishing more specific supported an ATP certificate with qualified contractors through written program criteria for eligibility for an R– restricted privileges provided standards contract. ATP certificate will better ensure that

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academic training courses enhance required 60 credit hours because it aviation-related coursework designed to safety such that a reduction in flight introduces the student to basic weather prepare them for a career as a hours is consistent with the Act. theory that will affect flight decisions. professional pilot. Concurrently with The FAA has modified § 61.160 from As further explained in AC 61–139, their broader aviation coursework, that proposed in the NPRM to clarify the Institution of Higher Education’s students will complete the required academic requirements a student must Application for Authority to Certify its ground and flight training and pass the complete to be eligible for an R–ATP Graduates for an Airline Transport Pilot practical tests for a commercial pilot certificate. In the final rule, the FAA has Certificate with Reduced Aeronautical certificate and instrument rating. These established that a student must: Experience, the FAA believes that students are continuously evaluated • Earn a bachelor’s degree in an courses in subject areas like aircraft with academic testing and flight aviation major; performance and aerodynamics, aircraft evaluations over the course of several • Complete 60 semester credit hours systems, aviation human factors, air years. Based on these factors, a graduate in aviation and aviation-related traffic control and airspace, aviation law of a bachelor’s degree program who coursework designed to improve and and regulations, aviation weather, and completes the requirements set forth in enhance the knowledge and skills of a aviation safety represent courses that are § 61.160 is eligible for an R–ATP and person seeking a career as a professional designed to enhance and improve the may apply for the ATP practical test pilot; with 1,000 hours total time as a pilot. • knowledge and skills of a person Complete ground training for a seeking a career as a professional pilot. In setting the criterion for 60 semester commercial pilot certificate and an The FAA expects that, in addition to the credit hours in aviation and aviation- instrument rating under approved part ground and flight training required for related coursework, the FAA decided to 141 curricula at the institution of higher FAA certification, aviation students will allow partial recognition for applicants education; with bachelor’s degrees with aviation • have completed coursework in all of Complete flight training for majors who fall short of the 60 credit commercial pilot certificate and an these areas as part of their aviation degree. hour requirement. Applicants who have instrument rating under approved part completed at least 30 semester credit 141 curricula at the institution of higher Finally, an R–ATP certificate applicant must have a commercial pilot hours in aviation and aviation-related education or at a part 141 pilot school coursework designed to improve and associated with the institution of higher certificate with an airplane category and instrument rating earned from a part 141 enhance the knowledge and skills of a education; and person seeking a career as a professional • Obtain a commercial pilot pilot school that is part of the academic institution or associated with the pilot may apply for an R–ATP certificate certificate with airplane rating and an with 1,250 hours total time as a pilot. instrument rating upon completion of academic institution through a formal training agreement. Under § 61.160, a The applicant’s coursework must ground and flight training. include all of the ground and flight The FAA has established 60 semester graduate must have completed all training for a commercial pilot credit hours in aviation and aviation- ground training for the commercial pilot certificate and instrument rating. related coursework designed to improve certificate and instrument rating at the and enhance the knowledge and skills institution of higher education. c. Cross Country Time for the R–ATP of a person seeking a career as a Accordingly, the academic institution Certificate must, at a minimum, hold a part 141 professional pilot as the minimum To apply for an ATP certificate under pilot school certificate for ground requirement. In determining whether a § 61.159, a pilot must accumulate 1,500 training. This requirement will ensure course is designed to improve and hours total time as a pilot that must that the ground training for certification enhance the knowledge and skills of a include 500 hours of cross-country is integrated into the institution’s person seeking a career as a professional flight time. In the NPRM, the FAA broader academic curriculum. The flight pilot, the institution should consider the proposed to require military pilots who training for the commercial pilot objective and purpose of the course. For apply for an R–ATP certificate with 750 certificate and instrument rating may be instance, an introductory course on air hours total time as a pilot to have 250 completed either at the institution, if it traffic control could be designed to hours of cross-country flight time. The holds a part 141 pilot school certificate provide a foundation for both pilots and NPRM proposed requiring graduates for flight training, or at a part 141 pilot for students intending to pursue a career with aviation majors who apply for an school that is associated with the as an air traffic controller. On the other R–ATP certificate with 1,000 hours total undergraduate institution through a hand, an upper-level or advanced air time as a pilot to have 375 hours of formal training agreement. The FAA traffic control course is primarily cross-country flight time. The reduction notes it has revised § 141.26 to require intended to prepare a person to work as in the required cross-country flight time a pilot school that provides flight an air traffic controller with little was proportional to the reduction in training for an institution of higher additional benefit to a person seeking a total flight hours. career as a pilot. Although knowledge of education that holds a letter of UND’s John D. Odegard School of tower operations is instructive, an authorization under § 61.169 must have Aerospace Sciences submitted a upper-level air traffic control course is a formal training agreement with that research study that was conducted to not generally designed with the goal of institution of higher education. assess the impact of the proposed rule improving and enhancing the Under the standards established in on the supply of pilots who primarily knowledge and skills of a person the final rule, the FAA estimates that obtain their flight experience from flight seeking a career as a professional pilot. students who are eligible for an R–ATP instructing. UND’s study concentrated These credit hours may include certificate will complete over 600 on the nature of flight time acquired as 22 coursework outside the aviation instructional hours in aviation and a flight instructor as it relates to the 500 department so long as the course hours of cross-country flight time focuses on an aviation-related topic. For 22 The FAA estimated that, as part of a degree program, students will complete an average of 12– required to apply for the ATP certificate. example, credit hours obtained in a 15 credit hours of ground and flight training toward meteorology course outside the aviation FAA certificates and ratings. Students will broader aviation and aviation-related coursework department could count toward the complete an additional 45–48 credit hours of during 15-week semesters.

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The participants in the study included documentation, as appropriate, to the (graduates who have completed at least line flight instructors from 17 collegiate FAA that includes: 60 credit hours), or 1,250 hours aviation programs. Based on its • List of aviation majors offered by (graduates who have completed at least research, UND concluded that the the institution; 30 credit hours). A graduate will then be average flight instructor would have to • Type of degree offered; required to present the certifying • log 2,100 total flight hours before Institutional accreditation document, along with all other accumulating 500 hours of cross- information; documentation required in § 61.39, • Part 141 pilot school information; country flight time. UND recommended • when applying for the practical test for that the FAA amend the rule to require List of substantial changes to degree an R–ATP certificate. a minimum of 200 hours of cross- programs in past five years; • Course descriptions of aviation and 6. Recommendations for Expanding country flight experience to obtain an aviation-related courses that may be Eligibility for the R–ATP Certificate R–ATP certificate rather than the 375 used to satisfy the credit hours required hours proposed in the NPRM for A significant number of commenters, by § 61.160; and including air carriers, educational graduates of four-year aviation • Training agreements for flight institutions, training providers, programs. training provided by a part 141 pilot instructors, and aviation organizations The FAA has reviewed the school, if applicable. information provided by UND and The institution must identify on the suggested that a greater number of pilots determined that it is appropriate to form those academic courses that satisfy should be eligible for an ATP certificate reduce the cross-country flight time the requirements of § 61.160. with reduced flight hours. Specifically, required for all applicants for an R–ATP Specifically, the institution must commenters suggested that the FAA certificate to 200 hours. In reaching this demonstrate that a course is designed to make the R–ATP certificate available to decision, the FAA considered the past improve and enhance the skills and the following candidates: • Graduates of two-year aviation and current requirements of both the knowledge of a person seeking a career degree programs with commercial pilot commercial pilot and ATP certificates. as a professional pilot. These courses certificates and instrument ratings from Although 200 hours is below the will include the ground and flight an affiliated part 141 pilot school; requirements for an ATP certificate training courses required for FAA • Students who come to eligible under § 61.159, the FAA believes pilots certification as well as other coursework programs already holding commercial will accumulate a significant and within the aviation department, such as pilot certificates and instrument ratings; relevant amount of cross-country Aviation Law, Human Factors, or • experience as SICs in part 121 Students from non-eligible Advanced Aircraft Systems. Courses programs who transfer into and graduate operations before being eligible to outside the aviation department may obtain an unrestricted ATP certificate from eligible programs; also satisfy the requirements of § 61.160. • Pilots who are age 21 and have and upgrade to PIC. The 200 hours of For example, a physics course may 1,500 hours of flight time; cross-country experience represents a qualify as an aviation-related course • Graduates with bachelor’s degrees significant increase over the 50 hours of provided the course description clearly with aviation majors and obtain cross-country flight time required for indicates aircraft performance and commercial pilot certificates and the commercial pilot certificate—the aerodynamics are the primary focus of instrument ratings from a non-affiliated prior requirement to serve as SIC in part the course. The institution must part 141 pilot school; 121 operations. Pilots who hold an R– demonstrate that it offers sufficient • Graduates with bachelor’s degrees ATP certificate will be required to meet aviation and aviation-related courses with aviation majors and obtain the 500 hours of cross-country flight that a graduate could rely upon to meet commercial pilot certificates and time required in § 61.159 prior to having at least 30 semester credit hours. instrument ratings from an affiliated the limitation removed from their The application and FAA review part 61 flight training program; certificate. The FAA notes that the 200 process for institutions seeking a letter • Graduates with associate’s degrees hours of cross-country flight time is of authorization to certify students is with aviation majors and obtain consistent with the ICAO standard for further explained in AC 61–139. The AC commercial pilot certificates and an unrestricted ATP certificate. provides greater detail on the aviation instrument ratings from a non-affiliated d. The Role of the Institution of Higher and aviation-related coursework used to part 141 pilot school; Education in Certifying Its Students satisfy the semester credit hour • Graduates with associate’s degrees requirement. In addition, the AC with aviation majors who obtain Under new § 61.169, an institution of provides information related to the part commercial pilot certificates and higher education may apply for 141 pilot school requirements, instrument ratings from an affiliated authority to certify that its graduates including training agreements, and the part 61 flight training program; have met the academic eligibility institution’s responsibility to notify the • Pilots who have completed training requirements for an R–ATP certificate. FAA of any changes that will affect its programs at ‘‘Aviation Academies’’ (part The institution may not certify a student letter of authorization. Once the FAA 141 pilot school or part 142 training based solely on the degree received or has determined that an institution of center); the aviation major that has been higher education has met all the • Pilots who have completed ‘‘other’’ completed. Rather, it will be required to requirements, it will issue a letter of aviation courses (e.g. AJT, Upset evaluate each student’s coursework authorization granting the school Prevention and Recovery Training before certifying that a graduate has met authority to add a certifying statement (UPRT)); all of the academic eligibility to a student’s transcript or other • Certified Flight Instructors (CFI); requirements. document deemed acceptable by the and To obtain authority to certify students Administrator. The certifying statement • Graduates of colleges and for eligibility for the R–ATP certificate must denote whether the graduate is universities who do not have aviation under new § 61.160, an institution of eligible to apply for an R–ATP degrees higher education must submit an certificate based on the applicable A discussion of the options suggested application and supporting criteria in § 61.160 at 1,000 hours by commenters follows.

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a. Graduates With an Associate’s Degree to include two-year programs, which hours in aviation coursework than in an Aviation Major should be afforded academic credit as graduates of bachelor’s degree programs. In the NPRM, the FAA did not provided in the FOQ ARC report. For that reason, the FAA disagrees with The UAA added that two-year college propose any reduction in total flight giving the same credit to two-year and university aviation degree programs time for graduates of two-year aviation programs. Accordingly, the FAA has are a key part of the overall collegiate degree programs. Thirty six modified § 61.160 to permit graduates of aviation-related pilot supply. To commenters, including Fox Valley approved two-year degree programs validate the assertion, the UAA Technical College Aeronautics Advisory with aviation majors to apply for an R– conducted a telephone survey in April Committee (FVTC), Experimental ATP certificate with 1,250 total hours of 2012, which reached a total of 29 Aircraft Association (EAA), Aims flight time. community college aviation degree As set forth in § 61.160(c), graduates Community College, NAFI, Jet programs out of 40 identified as flight of two-year programs must complete a Transitions, American Association of training providers. Based on the data minimum of 30 semester credit hours in Community Colleges, Hesston College, obtained in the survey, the UAA aviation and aviation-related Spartan College, UAA, CAE, and estimates more than 2,000 aviation coursework designed to improve and ExpressJet, argued that graduates of students are currently enrolled in two- enhance the knowledge and skills of a pilot schools not associated with a four- year degree programs. For the 29 person seeking a career as a professional year aviation degree program should respondents, it was found that: ‘‘(1) pilot. The 30 credit hours may include also be eligible for reduced flight time 1,474 total students were enrolled in coursework outside of the aviation to be eligible for an R–ATP certificate. aviation flight-related degrees at these department so long as the course Most of the thirty six commenters stated institutions, or, on average, 51 students focuses on an aviation related topic. The that two-year college flight training per institution; (2) the student FAA assumes on average courses are programs should be eligible for an R– enrollment ranged from a low of 7 offered at three semester credit hours ATP certificate. students to a high of 292 students; and per course. The 30 credit hours Fox Valley Technical College and the (3) of the 29 institutions reporting, 18 therefore will include the ground and American Association of Community conducted flight training solely under flight training courses for a commercial Colleges contended that the proposed part 141, 6 operated under part 61, and pilot certificate and instrument rating rule is arbitrary and discriminatory and 5 used a combination of parts 61 and and other aviation and aviation-related that graduates of two-year colleges and 141.’’ courses. universities should be allowed to obtain UAA recommended changing the As with bachelor’s degree programs, an R–ATP certificate. proposed § 61.160 to eliminate the the graduate will need to acquire a Aims Community College added that differentiation between two- and four- commercial pilot certificate with an its students receive the same focused year schools and recommended a 750- airplane category and instrument rating aviation training discussed in the NPRM hour minimum for the R–ATP from a part 141 pilot school that is part and should be eligible for the same certificate. The EAA contended that the of the undergraduate institution. The credit that graduates of four-year degree FAA should form a working group to institution of higher education must programs receive. According to Aims, explore what modifications should be hold a part 141 pilot school certificate these students complete the same flight made to these two-year school and provide all ground training for the hour and academic instruction accreditation standards in order for their commercial pilot certificate and requirements as students at four-year programs and students to qualify for the instrument rating. This requirement will institutions, even though they do not revised ATP aeronautical experience ensure that the ground training is complete as many courses unrelated to requirements in § 61.160. integrated into the broader academic aviation. Aims indicated that students The AAI recommended that the FAA curriculum. The flight training may be who earn an Associate of Applied adopt a program-based standard and not completed either at the institution, if it Science degree complete 72 credit hours define acceptability solely by the length holds a part 141 pilot school certificate as part of its fixed-wing professional of the program. AAI commented that a for flight training, or at a part 141 pilot pilot program. They also stated the two- student at a four-year institution school that is associated with the year college and university system pursues coursework in non-aviation undergraduate institution through a nationwide has been providing well- fields, which is far less relevant than the training agreement. trained pilots for the airlines and other aviation coursework actually taken. aviation employers for decades. They Based on the FAA’s extensive review b. Transfer Students suggested that, with the high cost of of two-year and four-year aviation SIU believes students who move from flight training and college in general, degree programs, the FAA has a two-year aviation degree program to now is not the time to take away an determined that it is appropriate to an affiliated four-year aviation program efficient, effective, reasonably priced, permit graduates who obtain an and complete their bachelor’s degree educational opportunity from those who associate’s degree with an aviation and the required flight training under cannot afford the cost and time required major to apply for an R–ATP certificate part 141 should be eligible for a for a four-year degree program. with fewer than 1,500 total hours. The restricted privileges ATP certificate. CAE contended that quality two-year colleges, universities, and their KSU similarly states students who instruction and flight experience can be graduates who responded to the NPRM transfer to a four-year collegiate flight delivered in two-year programs have provided sufficient information to training degree program with an affiliated with part 141 pilot schools or support a reduction in the flight hour affiliated part 141 pilot school should part 142 training centers. Spartan requirement for an R–ATP certificate. have the same eligibility as a student College supported academic credit The FAA has found that these who solely attends a four-year collegiate based on a variety of educational tracks graduates receive degrees with a range flight training degree program with an including four-year and two-year of 24 to 56 credit hours in aviation and affiliated part 141 pilot school. KSU collegiate aviation degrees. UAA, aviation-related coursework. On noted, however, that the school ExpressJet, and several other average, however, graduates of associate receiving a transfer student must commenters argued that the FAA failed degree programs complete fewer credit evaluate the student’s performance and

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ensure that the school’s own the eligibility requirement of 23 years of establish a fair method whereby flight performance standard is met before age for an ATP certificate. The FAA has proficiency could be measured against graduation can occur. stated that the minimum age part 141 standards to allow part 61 The FAA acknowledges students requirement of 23 years ensures ‘‘a high students a reduction in flight hours. follow a number of different paths for maturity level for those pilots who are Another individual commenter pointed completing post-secondary education at permitted to operate as PIC in out that part 141 schools are given an a college or university. Some students operations requiring an ATP unfair advantage over part 61 schools. start at community colleges and transfer certificate.’’ Exemption No. 7472. UVU stated that graduates from four- to four-year degree programs while Commenters have failed to provide any year aviation programs with integrated other students transfer between different compelling evidence to support a flight training should qualify for an R– four-year institutions of higher change to the long-standing requirement ATP certificate regardless of whether education. The FAA does not want to that a pilot exercising the PIC privileges their training was conducted under part deter individuals from seeking of an ATP certificate be at least 23 years 61 or part 141. alternative paths to achieving an of age. Therefore, the FAA has not Numerous commenters stated that aviation degree and therefore has changed the age requirements for pilots AABI accredited institutions with part determined that students who transfer serving as PIC in part 121 air carrier 61 schools should be eligible for a into a two-year or four-year degree operations, SIC in part 121 flag or restricted privileges ATP certificate at program with an aviation major could supplemental operations requiring three 1,000 flight hours. Purdue believes any be eligible for an R–ATP certificate. or more pilots, or operations conducted AABI-accredited aviation program These graduates would be eligible for an under §§ 91.1053(a)(2)(i) and should be eligible for credit regardless R–ATP certificate provided they 135.243(a)(1). of whether the associated flight training complete the applicable requirements of Based on the comments, however, the is conducted under 14 CFR parts 61, § 61.160, including the semester credit FAA has determined that a pilot who 141, or 142. hours and ground and flight training. has reached the age of 21, has logged Several commenters, including DSU The FAA acknowledges that many of 1,500 hours total time as a pilot, and and CAE, believed pilots with an the larger four-year degree programs satisfies the remaining aeronautical aviation-related degree and part 141 with aviation majors have satellite experience requirements for an R–ATP flight training from a separate programs that are two-year programs. certificate should be permitted to apply organization should be eligible for a The satellite schools follow the same for an R–ATP certificate and serve as an restricted privileges ATP certificate. ground and flight training curriculum as SIC in part 121 operations. These pilots SIU, AAL, and Prairie Air Service, Inc. the parent school which makes for a will exceed the age requirement of 18 argued that the FAA should extend smooth transition from the two-year years old that is currently required to eligibility for the R–ATP certificate to program to the four-year program. The obtain a commercial pilot certificate any four-year college graduate, FAA believes those graduates should which, prior to the final rule, allowed a regardless of academic major or where also be eligible for an R–ATP certificate pilot to serve as SIC in part 121. flight training was obtained. provided the requirements of § 61.160 Additionally, these pilots will have Westminster College supported are met and documented through achieved the total flight time for an ATP academic credit as a substitute for flight official college transcripts and records. certificate obtained under § 61.159. The experience adding that credit should be Further guidance and clarification on FAA has determined that permitting extended to graduates of a part 141 pilot transfer credit is provided in AC 61– such pilots to serve as SICs is an school with any four-year college degree 139. increase in the level of safety under or associate’s degrees in aviation. Many commenters disagreed with c. Pilots With 1,500 Hours Who Are Not current regulations and is consistent with the public law’s focus on a higher allowing credit for an ATP certificate for Yet 23 Years Old level of flight experience for pilots training received from non-affiliated Three commenters stated pilots serving in part 121 air carrier part 141 pilot school. IATA stated that, should be able to obtain an R–ATP operations. if this proposition were to become a certificate at the age of 21 or less as long As with other applicants for an R– reality, it would require an as they meet the full aeronautical ATP certificate, these pilots will be unreasonable amount of FAA oversight experience requirements for the ATP required to complete 200 hours of cross- in determining the adequacy of each certificate, including the 1,500 hours of country flight time. The remaining 300 applicant’s training. ALPA’s support of total flight time. The commenters added hours of cross-country flight time can be flight hour reduction for the restricted that the existing age 23 requirement for completed as an SIC in part 121 ATP certificate for college or university the ATP certificate is arbitrary, operations. The minimum age of 21 for educated pilots is based on a discriminatory, and not based on an R–ATP certificate will allow those comprehensive flight training science. AOPA commented that the pilots currently serving as SICs in part curriculum integrated with the student’s FAA should allow any applicant to 121 operations to continue serving in education. Several of the individual obtain an ATP certificate at the age of their current role provided they meet commenters stated that graduates of an 21 and receive restricted privileges. the required aeronautical knowledge aviation degree program should be NATA supports no age requirement if and experience requirements and eligible to obtain an R–ATP certificate the ATP minimums are met, stating successfully accomplish an evaluation because the quality of training received those pilots should be eligible for a that results in ATP certification and an at such schools is superior to that restricted privileges ATP certificate. aircraft type rating. received under part 61. Many pilots who have not yet reached The FAA has considered all of the the age of 23 have met or exceeded the d. Other Degree Programs various methods for obtaining academic 1,500 hours of total time as a pilot Twenty-seven commenters stated that and flight experience proposed by required for an ATP certificate. The graduates from four-year universities commenters but decided that degree FAA has remained consistent through affiliated with part 61 schools should programs with non-aviation majors, denials of requests for exemption and also be eligible for an R–ATP certificate. flight training conducted under part 61, previous rulemaking efforts to maintain One commenter suggested that the FAA and non-integrated flight training

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should not be eligible for an ATP Paradigm Shift Solutions, Inc., Prairie NATA recommended that the FAA certificate with fewer than 1,500 hours. Air Service, Inc., SIU, MTSU, and expand the flight hour credit ‘‘to The FAA has permitted a reduction for Spartan College, encouraged the FAA to include a comprehensive framework graduates who receive bachelor’s permit pilots with other training similar to the recommendations of the degrees and associate’s degrees with experiences to qualify for an R–ATP FOQ ARC and any other science-based aviation majors and receive part 141 certificate. advanced training courses that provide ground and flight training for a AOPA and AAI contend that the FAA a benefit to safety.’’ NATA stated that, commercial pilot certificate and an defined ‘‘academic credit’’ too narrowly. if the FAA did not expand the proposal, instrument rating as part of a broader NAFI advised consideration of what the NPRM should be withdrawn in its aviation curriculum. would constitute ‘‘academic study’’ and entirety until such time as a more The FAA does not agree with those recommended that it not be limited only comprehensive framework could be commenters who believe that graduates to university or college training created. The AAI contended that credit with degrees unrelated to aviation programs. NAFI stated that it was should be applied to other structured should be eligible for an R–ATP possible that other institutions or academies run by training organizations certificate. These graduates have not training providers could develop highly or air carriers. completed coursework that prepares effective ‘‘academic study’’ training Twelve commenters, including John them for a career as a professional pilot programs. NAFI added that a A. O’Brien Aviation Consulting, LLC, and such an allowance would not be standardized criterion that could be the AAI, PABC, UAA, Sporty’s consistent with the Act. As discussed applied across various programs would Academy, and the IFL Group argued above, the FAA has emphasized the be necessary to allow such a condition that students attending flight schools importance of an aviation curriculum in to be successful and measurable. that are not associated with an permitting a reduction in flight hours. It PCI contended that the structured accrediting entity, also referred to as is the significance of aviation flight academies should qualify for a flight academies, should be eligible for coursework above and beyond what is reduction in hours because they have reduced time to qualify for a restricted required for pilot certification that is the strong academic and flight training ATP certificate. primary basis for permitting a reduction programs conducted through an A4A argued all part 141-trained pilots in flight hours. To underscore this fact, approved FAA curriculum. John A. should be eligible for a restricted ATP the FAA has established a minimum O’Brien Aviation Consulting, LLC because part 141 pilot schools are number of credit hours in aviation and indicated that aviation academies subject to the same standards, regardless aviation-related coursework designed to should be eligible since they provide of their affiliation with a four-year improve and enhance the knowledge interaction with experienced airline college. IFL Group similarly argued that and skills of a person seeking a career professionals and flight instruction in the FAA should extend credit to any as a professional pilot that these accordance with FAA regulations to commercial, instrument, multi-engine students must complete to be eligible for individuals seeking employment as a pilot who has graduated from a part 141 an R–ATP certificate. Although pilot school. Aerosim also argued completing a bachelor’s degree may pilot at an airline. The training is develop certain qualities in an specialized and regimented for an graduates from independent part 141 individual that may assist them in a individual with very little aviation schools that offer a structured training career as a professional pilot, those background to acquire the skills and program, with air carrier procedures, qualities are not directly relevant to knowledge to graduate from a program, policies, and standards, should be aviation and should not be the basis for in a short timeframe, with all of the eligible for academic credit. a reduction in flight hours. pilot certificates necessary to fly at an The FAA does not support a For those commenters who believe air carrier. AOPA is also supportive of reduction in flight hours for pilots who that the reduction should apply to credit for training completed at aviation complete training at an ‘‘aviation graduates irrespective of whether they ‘‘academies.’’ academy,’’ or for pilots who complete complete ground and flight training AOPA and two other commenters their ground and flight training at a part through a part 141 pilot school or under stated that the FAA should allow credit 141 pilot school. The reduction for part 61, or whether or not the flight for individual academic courses and not graduates who receive bachelor’s or training is integrated with the academic simply apply a blanket reduction at associate’s degrees with aviation majors coursework, the FAA disagrees. By graduation. Paradigm Shift Solutions was not based solely on the completion requiring the institution of higher and four additional commenters noted of ground and flight training for education to hold a part 141 certificate the FAA had not considered Advanced certification at a part 141 pilot school. to teach at least the ground training, the Jet Training for credit—a unanimous Rather, the reduction was based on the FAA ensures that the training for a recommendation from the FOQ ARC. content and substance of a broader commercial certificate and instrument Another commenter noted the FAA had academic curriculum completed rating is incorporated into the broader not considered pilots enrolled in FAA- concurrently with ground and flight academic aviation curriculum. In Industry Training Standards programs training for certification. The FAA notes addition, the FAA has oversight of the or those pilots who complete air carrier that the regulations already reflect a training conducted through part 141 training through an Advanced reduction in flight hours for a program approval. Those pilot schools Qualification Program. The Upset commercial pilot certificate completed must renew their certificates every 24 Prevention and Recovery Training at a part 141 pilot school or part 142 months and demonstrate the quality of Association (UPRTA) added that the training center. Pilots who complete a the training through an established FAA should issue restricted ATP commercial pilot certificate as part of an training standard. certificates with reduced flight hour approved part 141 or part 142 requirements to all ATP candidates, curriculum can apply for a commercial e. Other Approved Training and provided they have received academic pilot certificate with 190 total flight Specialized Courses and flight instruction in upset hours, as opposed to the 250 hours Forty-one commenters, including the prevention and recovery from qualified required for those pilots who train Pilot Career Initiative (PCI), AOPA, instructors. under part 61.

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The FAA acknowledges that flight individual commenter suggested that a F. Aircraft Type Rating for All Pilots academies generally provide focused restricted ATP should be available to Operating Under Part 121 (§ 121.436) training to prepare pilots for a active CFIs. In the NPRM, the FAA proposed professional pilot career; however, the The FAA recognizes that, while requiring all SICs in part 121 operations FAA does not agree that the academic completing the ground and flight hold an aircraft type rating for the curriculum is sufficient to meet the training for a CFI certificate is valuable, aircraft flown in revenue service by intent of the Act. Flight academies do it is not the predominant reason that a August 1, 2013. A total of 113 not spend an abundance of time in CFI is recognized for his or her commenters responded to this proposed aviation coursework, separate from the knowledge and skill. It is the time spent requirement. minimally required ground school, over in the training environment teaching a period of several years. These other pilots that reinforces a CFI’s skills 1. Aircraft Type Rating Requirement for academies lack the accredited and and abilities. Therefore, the FAA does Part 121 SICs structured academic environment that not agree with commenters who suggest Seventy-eight commenters, including the aviation colleges and universities that this time meets the intent of the A4A, AOPA, APA, CAA, CAPA, Cape provide. The courses taught by aviation academic crediting provision in the Air, Delta, ExpressJet, Parks College, academies are primarily focused on statute. The operational experience NADA/F, PABC, Aviation Professional flight training and obtaining certificates gained from teaching is what is Development, FSC, FedEx, IATA, NAFI, and ratings rapidly. Many programs valuable, not the academic coursework UAA, USAPA, and WMU, agreed with advertise a person can obtain their to obtain the certificate. As with the proposed aircraft type rating private pilot certificate, commercial specialized courses, the FAA requirement. ALPA, CAE, and FSI pilot certificate, instrument rating, and encourages pilots to seek additional support the proposed requirement certified flight instructor certificates in training that will enhance their skills because it would require a type rating 12 months or less. and abilities like CFI certificates; for part 121 SICs flying domestically; The FAA also does not support a however, CFI ground schools are thus harmonizing the U.S. with current reduction in flight hours for specialized designed to meet existing regulatory ICAO standards. Boeing supported the courses such as upset recovery training requirements and do not represent and advanced jet training. The FAA proposed aircraft type rating additional training courses that merit a requirement for part 121 SICs because it encourages pilots to seek additional reduction in flight time as permitted training that will enhance their skills encourages one level of safety for under the Act. In addition, allowing a operations involving aircraft that require and abilities; however, the FAA does large number of crediting options not have the resources to evaluate every type ratings. ERAU, Purdue, Rocky creates a much more complicated Mountain College, and SIU, agreed with possible course that could be the basis process for FAA examiners and for a reduction in flight hours. The FAA the proposed rule requiring SICs in part designees in determining and validating 121 air carrier operations to hold an also does not support a reduction in how much credit a pilot can get to be flight hours for those pilots who obtain aircraft type rating, provided the air eligible. FAA certificates through a FITS carrier is responsible for supplying the program or who complete air carrier 7. Summary of FAA Decision type rating to the SIC. An individual training through AQP. These programs commenter said that operators should The FAA is adopting the following provide the type rating to decrease costs are designed to meet existing regulatory alternative total flight hour requirements and do not represent for new hire pilots. Rocky Mountain requirements for an R–ATP certificate additional training courses that merit a College noted that pilot supply would with airplane category multiengine class reduction in flight time. In addition, diminish if the cost of the type rating is rating or an ATP certificate obtained allowing a large number of crediting transferred to the pilot. concurrently with an airplane type options creates an increasingly Twenty-two commenters, including rating: KSU and GAMA generally disagreed complicated process for FAA examiners • and designees in determining and 750 hours for a military pilot who with requiring SICs in part 121 air validating how much credit a pilot can has graduated from a flight training carrier operations to hold an aircraft program in the Armed Forces; type rating. Four commenters, including get to be eligible for an R–ATP • certificate. 1,000 hours for a graduate who AAL and the IFL Group, said that holds a bachelor’s degree with an requiring SICs in part 121 air carrier f. Certified Flight Instructors aviation major (60+ aviation semester operations to hold an aircraft type rating Many commenters indicated that the credits) from an institution of higher is not necessary and that current individuals who perform best in air education who also receives a regulations and air carrier training carrier initial training are those that commercial certificate and instrument programs are sufficient. Ameriflight have CFI certificates and were hired rating from an associated part 141 pilot stated experience, not certification, is with 500 to 1,000 hours. The school; the problem. Prairie Air Services commenters contended that the Pilot • 1,250 hours for a graduate who ‘‘doubted’’ that any accidents would Source Study in 2010 and 2012 holds a bachelor’s or an associate’s have been prevented if the SIC had a provided support with statistically degree with an aviation major (30+ type rating. Bemidji Aviation Services, significant results for the argument that aviation semester credits) from an Inc. indicated that SIC checks achieve CFIs perform better in part 121 training. institution of higher education who also the same goal. UPRTA supports upset The pilots that had CFI certificates had receives a commercial certificate and prevention and recovery training as an more training completions and required instrument rating from an associated alternative to obtaining a type rating. fewer extra training events in part 121 part 141 pilot school; and Aerosim and an individual commenter training. NTAS, AABI, Spartan College, • Pilots who have reached age 21, noted that a type rating has not and one individual commenter stated have logged 1,500 hours total time as a historically been an indicator that SICs that credit for CFI ratings and flight pilot, and satisfy the remaining are properly trained. instruction given should qualify for a aeronautical experience requirements The FAA agrees with the large reduction in flight hours. Another defined in § 61.160. number of commenters who said that

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requiring an aircraft type rating for all rating for the aircraft flown to be $11.6 already hold ATP certificates during SICs serving in part 121 operations million dollars. annual recurrent training. With the would improve safety in part 121 air AAI, A4A, Delta, FedEx, and UPS also publication of the final rule so close to carrier operations. In addition, this requested that the proposed compliance the proposed compliance date, it is requirement responds to the objectives deadline of August 1, 2013 be extended. likely that air carriers will have to of section 216 of the Act, which requires They specifically proposed a schedule additional training and testing the Administrator to determine the compliance deadline of 5 years or events for these SICs to obtain a type appropriate multiengine airplane flight during transition or upgrade training. rating by August 2013 unless the FAA experience for pilot flightcrew members. JetBlue proposed aligning the extends the compliance date. To the The historic division of compliance time frame with initial, extent commenters suggested aligning responsibilities between the PIC and SIC transition, or upgrade training. Some the type rating requirement and upgrade have changed. In today’s air carrier commenters indicated that, for current training, the FAA has determined that environment, both the PIC and SIC SICs, the compliance period for the type would result in an unnecessary delay share the role of pilot flying and pilot rating requirement should be five years given the assumptions in the initial monitoring. Therefore, the FAA has or be aligned with upgrade training. regulatory evaluation. The time period determined that requiring an SIC to UVU, SJSU, and four individual for upgrade to PIC is approximately 5 train to the same level of aircraft commenters discussed implementation years for regional carriers and 10 years handling proficiency as the PIC by of a grandfather clause for current for major air carriers. obtaining an aircraft type rating is students currently enrolled in college to To balance the cost and timing appropriate. The FAA assumes most become a pilot. concerns raised by commenters with the The FAA estimates that even if an air pilots will obtain an aircraft type rating benefits of requiring SICs to hold an carrier does not currently provide at the air carrier as part of initial aircraft type rating, the FAA has aircraft type ratings to its SICs, the training. The practical test for an SIC to decided to extend the compliance date impact of the proposed rule to its to January 1, 2016 for pilots who have obtain an aircraft type rating will training program would be low. been employed as part 121 SICs on or include the same tasks and maneuvers Currently, all SICs in part 121 before July 31, 2013. This change is as those required for a PIC receiving a operations receive extensive training reflected in the new § 121.436(c). The type rating. Because this practical test and a thorough evaluation at the end of extended compliance period will allow would be administered by an FAA the air carrier’s initial training program. air carriers to make the appropriate inspector or designee, the test would During the evaluation, SICs must modifications to their approved training serve as an additional level of oversight demonstrate that they can perform most programs and incorporate the type of the SICs aircraft handling skills and of the maneuvers and tasks that would rating requirement into their recurrent abilities. The FOQ ARC members be required for an aircraft type rating. training and transition training. In unanimously recommended that an SIC The FAA acknowledges that an SIC may addition, it will alleviate the burden hold a type rating in the aircraft to be need some additional hours of training placed on the aircrew program flown in part 121 air carrier operations. on tasks and maneuvers required for an designees and FAA employees who will 2. Compliance Time aircraft type rating that are not currently need to administer the certification required during the SIC evaluation. The event for the large number of SICs who JetBlue and AAL requested a FAA believes, however, that the may require aircraft type ratings. The grandfather clause for existing SICs to practical test for the aircraft type rating FAA notes that the extended enable additional compliance time and could be performed in the same compliance date will most benefit reduce the financial burden that would simulator session currently used for the current SICs who hold ATP certificates be incurred by requiring unplanned evaluation. The FAA acknowledges that, and already have relevant experience training and evaluation sessions. JetBlue unlike an evaluation, which is typically operating the aircraft they are flying. estimated it would cost $6 million to conducted by a check airman, the The FAA does not support a provide a type rating to its current 1,120 practical test for an aircraft type rating grandfather provision that would result SICs who do not hold a type rating for would have to be administered by an in differing SIC certification the aircraft they fly. This estimate is FAA inspector or FAA designee. requirements. Nor does it support based on the cost provided in the FAA’s As a result of the statutory deadline certification by air carrier employees initial regulatory evaluation, which requiring all part 121 SICs to hold ATP who are not designees of the estimated the incremental per-pilot cost certificates by August 2, 2013, most Administrator. There is no precedent for of a type rating for existing SICs at current part 121 SICs that hold only a an evaluation event that results in the $5,389. AAL is concerned about the commercial pilot certificate will likely issuance of an FAA certificate or rating additional cost burden of providing a receive an aircraft type rating during an being conducted by someone other than type rating to their 852 current SICs ATP certification event administered by a designee of the Administrator. The who do not have type ratings. AAL the air carrier prior to the deadline. commenters did not offer any added that the FAA should consider Many air carriers have already initiated persuasive arguments for why non-FAA allowing qualified simulator instructors a change to their approved training employees or designees should be or check airmen to validate flying skills programs to provide ATP certificates allowed to administer these evaluation for those pilots with at least 1,000 hours and type ratings to SICs who hold only events. in type during their next recurrent commercial pilot certificates. The FAA training cycle. Upon completion of the assumes the proposed compliance date 3. Aircraft Type Rating Requirement for evaluation event, AAL suggested having for the type rating will not be an issue SICs Serving in Operations Outside of a letter issued to the pilot to take to an because this population of SICs will Part 121 FAA office to obtain their ATP receive a type rating simultaneously Fifteen commenters stated that SICs certificate. Delta estimated the short- with an ATP certificate. serving in operations outside of 14 CFR term cost to provide the type rating to In the initial regulatory evaluation, part 121 should hold a type rating if the its more than 1,800 SICs who already the FAA assumed that air carriers would PIC is also required to hold a type rating have ATP certificates but not the type provide a type rating to their SICs who under the rule part. CAPA supported

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the idea of requiring SICs serving in part 121 operations. Additionally, the regulatory requirements for the ATP operations conducted under parts 91, Pilot Career Initiative, Cape Air, certificate, which is required to serve as 125, and 135 to hold a type rating ExpressJet Airlines, and Airlines for PIC in part 121 operations. Therefore, because flying tasks are based on the America noted that the Act only regulations minimized the chance that pilot flying and pilot monitoring addresses part 121 operations. For this two pilots with little or no air carrier designations, not on seat specific reason the type rating requirement experience could be paired together as maneuvers, as was once the case. FSI should be limited to part 121 a flightcrew. The Act’s requirement for commented that even under normal operations. part 121 SICs to hold ATP certificates operations there may be scenarios where NATA commented that an SIC type significantly changes the flightcrew the SIC does not have the knowledge rating requirement outside of part 121 is composition for those operators who and experience to successfully land the not relevant because the FAA did not hire pilots with the minimum flight aircraft. FSI and an individual propose such a requirement in the time requirements. By raising the commenter also noted that SICs should NPRM, nor did the FAA present certificate requirement of part 121 SICs, hold a type rating as a way of ensuring conclusive evidence of a need for the natural mentoring period may no they can safely fly the aircraft in the requiring a type rating for SIC serving in longer exist without additional event the PIC is incapacitated. IATA operations under parts 91, 125 or 135. regulation. The FAA notes that this stated in its comments that a type rating Parks College commented that there is a requirement will create time for gives SICs more insight into the clear potential safety benefit to requiring mentoring to occur for pilots new to the technical and operational characteristics SICs under parts 91, 125 and 135 to air carrier environment, which supports and specifics of the aircraft and possess a type rating; however, there is in part the objectives of Section 206 of generates more confidence, which can not enough data regarding the potential the Act. That statutory requirement will be translated into increased operational economic impacts of the proposal to be addressed in the Flight Crewmember safety. APA stated that all pilots should offer a cost-benefit based Mentoring Leadership, and Professional be required to accomplish the same recommendation. ERAU commented Development rulemaking project. training to the same standards. Delta that it is unnecessary because The intent of the proposed 1,000-hour commented that requiring SICs flying operations under other rule parts are not air carrier experience requirement in operations outside of part 121 to hold a similar. § 121.436 was to prevent two pilots in type rating issued in accordance with The FAA agrees with commenters that part 121 operations with little or no air the practical test standard would ensure the flight-related tasks are no longer carrier experience from being paired that all pilots serving as flightcrew based on seat position, but rather by the together as a flightcrew in line members and carrying passengers for pilot flying versus pilot monitoring operations. In addition, it would ensure hire meet the same standard. designations. Additionally, the FAA that pilots obtain at least one full year Forty-five commenters including agrees that type-specific training could of relevant air carrier operational Rocky Mountain College, IFL Group, increase the technical and operational experience before assuming the and Prairie Air Services, disagreed with knowledge level of SICs on specific authority and responsibility of a PIC in requiring SICs serving in operations aircraft. The Act was specific to operations conducted in part 121 outside of part 121 to hold an aircraft modifying the ATP certificate and part operations. As proposed, the 1,000 type rating. KSU, Purdue, FSC, and 121 operations. As such, the NPRM did hours in air carrier operations could be Aviation Professional Development, not propose that SICs under other a combination of time as PIC in LLC stated that the current rules for operating parts obtain an ATP certificate operations conducted under or aircraft type rating. Even though the parts 91, 125 and 135 are sufficient and § 91.1053(a)(2)(i), § 135.243(a)(1), or as FAA specifically solicited comments on there is no need for a type rating an SIC in part 121 operations.23 requirement. GAMA also commented requiring SICs serving outside of part that there are sufficient regulations in 121 to obtain a type rating, a specific 1. Air Carrier Experience Requirement place for parts 91, 125 and 135 requirement was not included in the Twenty-nine commenters, including operations and added there are no safety draft regulatory text in the NPRM. AAL, A4A, ALPA, CAA, CAPA, PABC, issues related to the SIC not having a Additionally, the FAA did not provide Pilot Career Initiative, The Families of type rating. Spartan College also stated any economic impact information in the Continental Flight 3407, USAPA, UVU, that current regulations are sufficient regulatory evaluation that was provided and WMU, stated the proposed 1,000 and that the training received by SICs is with the NPRM. While the FAA did hour requirement is appropriate. adequately preparing them for line receive comments that supported Over 40 commenters, including CAE operations. Bemidji Aviation Services extending the type rating requirement to and KSU, believe the proposed rule is Inc. commented that a type rating operations outside of part 121, a excessive with some proposing evaluation is no different than the majority of the commenters did not alternative hours of air carrier checkride that most airlines already support such a requirement. As a result experience. Delta specifically stated that make an SIC pass. Aerosim commented the FAA intends no action at this time. 750 hours is enough time for a pilot to that type-rating training has not G. Minimum of 1,000 Hours in Air complete initial training, meet operating historically been any indicator of a Carrier Operations To Serve as PIC in experience requirements, and acquire properly trained pilot. Aerosim stated Part 121 Operations (§ 121.436) approximately 18 months of flying that real scenario-based training experience. Additionally, over the 18- Prior to the issuance of this final rule, coupled with a structured training month period the pilot would be SICs in part 121 operations were only program would result in a more exposed to seasonal weather differences, required to hold a commercial pilot competent pilot. mechanical issues, passenger issues, certificate with an instrument rating, AAL, RAA, Pilot Career Initiative, and air traffic control issues. GAMA, which can be obtained in as few as 190 Cape Air, and PABC expressed concern Rocky Mountain College, FSC, Purdue, that a type rating requirement for SICs flight hours. If hired by a part 121 air serving in parts 91, 125, or 135 would carrier with these minimums, SICs 23 The FAA has included an exception from this restrict an important time building would acquire over 1,000 hours in air requirement for pilots who are serving as pilot in avenue for pilots aspiring to serve in carrier operations before meeting the command in part 121 operations on July 31, 2013.

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and Spartan College commented that the responsibility of a part 121 operation as therefore, that time should count. FSI proposed time was too long and that PIC. The FAA does not differentiate part said that multicrew time accrued by upgrade from SIC to PIC should be 121 flightcrew member certification and SICs in subpart K of part 91 and parts based on competency, not on the qualification requirements based upon 135 and 125 should count toward the number of flight hours. The UAA and whether they are conducting passenger 1,000 hours. ALPA commented that SIC SIU commented that the requirements or supplemental (cargo) operations. The time in part 135 and subpart K of part for a PIC should be established by the FAA acknowledges that this 91 should count if the time was air carrier and the air carrier’s POI. UAA requirement will increase the minimum acquired in a multiengine turboprop or and SUI also commented that pilots time required for a pilot prior to serving turbojet airplane. NATA commented who obtain an unrestricted ATP as PIC in part 121 operations. If a pilot that SIC time outside part 121 should certificate with 1,500 hours would need is entering part 121 service with no count because experience in multiple a minimum of 2,500 total flight hours to previous air carrier experience, it may operational scenarios is beneficial. upgrade to a part 121 PIC. SICs with an take more than one year for the pilot to Purdue said that SIC time should count R–ATP certificate would need a upgrade to PIC. The FAA estimated in as long as it was acquired while flying minimum of 1,750 (military pilots) to the initial regulatory evaluation for the in a multi-pilot crew under subpart K of 2,000 total flight hours (graduates of NPRM that flightcrew members serving part 91 or part 135. UPRTA said that SIC qualifying four-year aviation degree in part 121 operations fly on average time outside of part 121 should count programs) to upgrade to a part 121 PIC. 750 hours per year. However, the FAA only if the SIC has completed upset UAA and SIU are concerned that these notes that part 121 pilots are permitted prevention and recovery training. flight hours may exceed what is by regulations to fly up to 1,000 hours Aviation Professional Development necessary to train safe, competent PICs. per calendar year (§ 121.471). The FAA and FSC said that SIC time accrued Fifteen commenters contended the also notes that for most operators the outside of part 121 operations should requirement is unnecessary. 1,000-hour requirement will not be a not count because other operations are Ameriflight, Inc., Boeing, JetBlue, and factor given actual upgrade times for dissimilar. The PABC stated that SIC Kestrel commented that setting a flight SICs exceed the minimum time it would time accrued outside of part 121 time requirement for upgrade will not take to acquire 1,000 hours, and thus we operations should not count towards guarantee an increased level of believe there will be minimal costs and this requirement because the mentoring operational safety or competency. These benefits from this provision. and experience needed to become an commenters assert that minimum hour effective part 121 PIC cannot be requirements are not a guarantee that a 2. Part 135 and Part 91, Subpart K Time received outside of part 121 operations. desired experience has been gained and The FAA received over fifty USAPA does not support counting flight that flight time alone does not provide comments on whether to credit flight time in subpart K of part 91 or part 135 an opportunity to assess the pilot’s time earned in part 135 and subpart K operations towards the 1,000 hour ability to act as PIC. ExpressJet Airlines of part 91 towards the 1,000 hours of air requirement. stated that the current requirements for carrier experience requirement. The The FAA has decided that pilots a PIC in part 121 are sufficient because majority of commenters supported should not be permitted to count any air carrier PIC candidates complete a including the PIC flight time in these time as a required SIC in operations rigorous training program, which is operations as proposed in the NPRM as conducted outside of 14 CFR part 121. approved by the FAA. These pilots also part of the requirement. AAL, GAMA, These SICs are not exercising the receive continuous oversight through KSU, and RACCA stated this time is privileges of an ATP certificate and have recurrent training and checking events. similar to part 121 operations and not demonstrated leadership and ERAU noted the proposed requirement provides a useful base of experience. command abilities necessary to exercise is arbitrary, too long, and limits the air FedEx, ExpressJet, ALPA, IFL Group, operational control of a flight in carrier’s flexibility. and Purdue specifically commented that conditions most similar to operations RAA supported the requirement for other PIC time in part 135 operations conducted under part 121. The FAA has 1,000 hours of experience in air carrier should also count toward the 1,000-hour concluded that the time an SIC spends operations for part 121 passenger requirement. Conversely, five observing a PIC in part 121 operations service, but believes that requirement is commenters, including APA, CAPA, plays an important role in preparing the excessive for part 121 all-cargo and USAPA, stated operations under SIC for eventual upgrade to PIC. A PIC supplemental operations. RAA is part 135 and subpart K of part 91 and in part 121 air carrier operations is concerned that because supplemental should not count towards the proposed expected to possess leadership and carriers providing feeder service are 1,000-hour experience requirement. command abilities, including often limited to shorter flight legs, it In the NPRM the FAA also asked aeronautical decision making and the could take three or more years for a pilot commenters if SIC time outside of part sound judgment necessary to exercise to gain 1,000 hours as an SIC. RAA 121 should count towards the 1,000 operational control of the flight. The states that these operations pose no hour requirement to upgrade to PIC in FAA has determined that developing threat to the flying public and a more part 121. The majority of commenters these abilities is most effectively done suitable time requirement should be on this question offered that some SIC by performing the duties of an SIC in considered for part 121 supplemental time outside of part 121 operations part 121 air carrier operations while carriers. should count toward the requirement. under the supervision of an experienced The FAA has considered all of the Cape Air said that flight time as an SIC PIC. comments and determined that keeping in scheduled part 135 operations should The FAA has determined that the the 1,000-hour air carrier experience count. ExpressJet said that SIC time in ability to fly at the ATP certificate level requirement is appropriate for all subpart K of part 91 and part 135 and have demonstrated this proficiency operations under part 121. This operations should count. FedEx during evaluation is an important requirement will ensure that an SIC has commented that subpart K to part 91, regulatory differentiation. The FAA first experienced an entire year of relevant part 125, and part 135 operations can proposed that certain operations under air carrier operational experience before involve complex aircraft and experience part 135 should require an ATP assuming the authority and relevant to part 121 operations; certificate in 1977. In that NPRM, the

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FAA stated the requirement to hold an pilots operate in a unique system that is hours of air carrier operating ATP certificate to act as PIC in some different from a part 121 air carrier experience. part 135 operations was ‘‘[. . . ] based environment. The FAA has determined H. Miscellaneous Issues in part on operational complexity and that military pilots would benefit from the number of persons carried, would spending some time serving as a 1. Pilot Supply provide a level of safety more required crewmember in a civilian air In the NPRM the FAA sought comparable to that provided by Part carrier operation before upgrading to comment on the potential impact to 121.’’ For these same reasons the FAA PIC. This time would prepare them for pilot supply on part 121 and part 135 air has determined that flight time acquired operating in compliance with the carriers as well as part 141 pilot schools as a PIC in operations under regulations that govern civil aviation, and part 142 training centers as a result § 91.1053(a)(2)(i),and § 135.243(a)(1) the air carrier’s particular operating of the requirement for all SICs in part and flight time acquired as an SIC in specifications, and the airplane’s 121 to hold an ATP certificate. The FAA part 121 operations should count operations manual. received 267 comments regarding pilot towards the 1,000 hour air carrier 4. Other Time supply from airlines, industry/trade experience requirement. Operations groups, colleges and universities, pilot under § 91.1053(a)(2)(i) or FedEx, A4A, and FSI said that flight training centers, and pilots. § 135.243(a)(1) require an ATP time in part 125 should count toward certificate, are multicrew operations, the 1,000 hours of air carrier experience a. Part 121 Pilot Supply and generally use turbine aircraft and required to serve as PIC in part 121 operations. The FAA determined that More than 100 commenters therefore are the most applicable to part specifically stated the proposed ATP 121 operations. The FAA has flight time in part 125 should not count requirements for part 121 SICs would determined that, while other part 91 and because, although these operations hurt part 121 pilot supply. The part 135 operations may involve certain share certain characteristics with part University of Dubuque, SIU, and 58 elements that are relatable to part 121 121 operations, they are not sufficiently other commenters stated the ATP operations, the varied nature of similar to count toward the 1,000 hours certificate requirement for part 121 SICs operations does not make credit toward of air carrier experience. Part 125 does would significantly affect air carriers’ the 1,000 hour requirement appropriate. not involve common carriage, a pilot is ability to hire new pilots, particularly As such, the proposed requirement that only required to have a commercial regional air carriers. the 1,000 hours in air carrier operations pilot certificate, and the operating rules Only a handful of commenters may be a combination of time as PIC in in part 125 differ significantly from the provided specific information to operations conducted under operating rules in part 121. § 91.1053(a)(2)(i) or § 135.243(a)(1) or as FedEx, AA, A4A, and FSI commented support the assertion that part 121 pilot SIC in part 121 operations remains that flight time in international air supply will diminish. Among these unchanged from the NPRM. carrier operations should count toward commenters was the UAA. Their the 1,000 hours required to serve as PIC comments included data that suggests 3. Military Time in part 121 operations. The FAA there is a diminishing supply of pilots Delta, A4A, AAL, and FedEx concluded that, although foreign air in general at a time when forecasts commented that flight time in military carrier operations are similar to U.S. air suggest a consistent and growing global operations should count toward the carrier operations, there are significant demand for pilots. UAA stated in their 1,000-hour air carrier experience differences related to the environment comments: requirement. UPS specifically asked under which foreign air carrier • Overall, U.S. airline domestic whether military flight time counted operations are conducted, including revenue passenger enplanements are towards the 1,000-hour air carrier possible cultural differences. Most expected to grow an average of 2.2 operating experience requirement. FSI importantly, pilots serving for foreign percent per year from 2011 to 2032 and indicated that multicrew flight time in air carriers do not operate under U.S. international revenue passenger the military should count. An regulations and may not have enplanements by U.S. carriers are individual commenter stated that experience in the U.S. national airspace expected to grow 4.2 percent per year military pilots who fly transport system. The FAA concluded that from 2011 to 2032. category aircraft as PIC should be able requiring these pilots to serve first as an • Currently, Boeing forecasts a global to credit up to 500 hours of their SIC in part 121 operations before need for 460,000 pilots through the year transport category military flight time. upgrading to PIC is appropriate. 2030, with 97,350 of those needed for The commenter stated that this would CAE commented that the FAA should North America. This demand is based still require them to fly 500 hours for an consider a minimum time in aircraft upon projected fleet growth and pilot air carrier before being eligible to act as type if a pilot does not have sufficient retirements. PIC for a part 121 operation. flight time in subpart K of part 91, part • Pilots who turned 60 in the years The FAA recognizes that many pilots 135, or part 121 to meet the 2007 to 2012 will be forced to retire in the course of their military careers requirement. While time in type is beginning in 2012. UAA estimated that, will obtain significant multicrew valuable, the proposed requirement is beginning in 2018 or 2019, as many as experience as PICs of transport category directed at gaining relevant experience 2,000 part 121 pilots will be forced to aircraft and therefore has added in complex air carrier operational retire each year due to the Age 65 rule. paragraph (c) to new § 121.436 to allow environments rather than in aircraft • FAA statistics demonstrate the 500 hours of military flight time accrued handling. The FAA has determined that number of new student pilot certificates as PIC of a multiengine turbine- the proposed requirement for SICs to issued has declined from 2007 to 2010 powered, fixed-wing airplane in an obtain a type rating will provide by more than 12,000. The number of operation requiring more than one pilot additional experience and proficiency new commercial pilot certificates issued to be credited to the 1,000-hour in aircraft-specific handling and also declined significantly from 2007 requirement. While there is value in this knowledge. Therefore, the FAA has through 2010. experience, the FAA does agree with decided not to allow credit for time in • A study conducted by the some of the commenters that these the type of aircraft towards the 1,000 University of North Dakota indicates

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only slightly more than half the flight have on part 135 operators, 141 pilot operate approved Level 4⁄5 FSTD instructors surveyed who initially schools, and 142 training centers. The devices. planned on an airline career still have RAA commented that students will be NADA/F commented that the 1,500 that long-term goal. less attracted to part 141 schools that are flight hours and ATP requirement • The Pilot Source Study (2010) not associated with a four-year should benefit part 141 training centers indicates a decrease in military pilots university and college accredited and should have no impact on part 135 moving to air carriers. As the U.S. aviation degree programs because those carriers as they already require an ATP Armed Forces continue contraction, students could not take advantage of the and 1,500 hours. fewer military pilots are needed. R–ATP hour requirements. Cape Air commented that it is likely ALPA stated in their comments that SJSU commented that part 141 pilot that many part 135 pilots with ATP there will be no impact on the pilot schools and 142 training centers may certificates will be recruited by the supply based on this rule because there see a decline in new student enrollment larger part 121 carriers who would then are thousands of qualified pilots because some students already struggle not have to incur the costs of the ATP currently on furlough. They also noted to afford training costs and will not be CTP. This natural career progression that the availability of pilots is a willing to spend the extra money essentially places the majority of the function of the health of the air carrier needed to meet the new requirements of burden of acquiring ATP certificates to industry. a part 121 SIC position. On the other smaller airlines, with limited resources. CAPA stated the business practices hand, ALPA commented that it expects c. FAA Response and models of many of our nation’s enrollment at accredited colleges and carriers have reduced the career universities with part 141 pilot training The FAA does not dispute the factual expectations of entry-level pilots to a programs to increase. It also anticipates numbers of decreased pilot starts and standard that will not allow a pilot to the rule ‘‘could result in the creation of the decreased number of commercial support a family. This new economic training partnerships between those and flight instructor certificates issued reality is what is driving many qualified accredited colleges and universities and over the past 10 years. However, the pilots out of the job market. CAPA training academies (e.g., CAE and FAA also cannot change the stated there will not be a pilot shortage FlightSafety International) that possess requirement under the Act that all pilots but a shortage of pilots willing to work part 141/142 certificates to utilize the in part 121 operations have an ATP for low wages. certified flight training simulators that certificate by August 2013. The FAA has Several commenters, including RAA, these flight training academies may decided to take advantage of the ExpressJet, JetBlue, Ameriflight, have.’’ relieving option within the Act to offer Paradigm Shift Solutions, Inc., and DSU commented that it already has a an ATP certificate with restricted GAMA stated this rule will exacerbate high attrition rate because the flight privileges, which would permit some the pilot shortage caused by the Age 65 training component of its program pilots to obtain the ATP certificate with rule. Ameriflight added that no pilots doubles the cost of the aviation degree less than 1,500 hours. While pilot will be available for operators of small compared to other degrees offered by supply was not the reason the FAA aircraft as a result of talent drain to the university despite the fact that it considered such an option, the FAA has larger operators. makes no money on the flight training. determined it would be a cost-relieving The AAI contended that within five It is concerned the rule would increase measure and would address some of the years the proposed rule will result in a the attrition rate further. pilot supply concerns. severe flight shortage to small CAE commented that part 141 Despite the reduced pool of eligible communities. It also contends that the operators might retain their instructors pilots (i.e. pilots with the total flight rule will threaten feeder routes and hub longer but may also suffer from reduced hours for an ATP certificate), the current operations. customer throughput as the new rule level of safety will be maintained IATA contended that the proposed virtually eliminates their options to because pilots must continue to meet rule will be felt first in regional carriers provide training at any level of certification and qualification standards but will eventually affect legacy carriers reduction below the 1,500 hours. before serving as a pilot in part 121 as well. ExpressJet, Delta, Parks College, Parks College commented that part operations. As under current and two other commenters state that the 135 operators and part 91 subpart K regulations, any pilot who fails to rule sacrifices quality pilot candidates operators may face negative impacts in demonstrate satisfactory performance by focusing on flight time instead of the two ways. First, if the supply of pilots for the ATP certificate or successfully quality of training. American Eagle qualified for part 121 operations complete all of the requirements within Airlines, Inc., states that the rule will diminishes significantly, causing entry the air carrier training program will not put U.S. air carriers at a disadvantage wages to increase, there may be a shift serve in part 121 operations. We do not with foreign carriers. of employees from part 91 and part 135 see safety compromised because of a Cape Air, UPS, FSC, CAA, ERAU, operations to part 121 operations. reduced eligible pilot pool. A4A, CAE, Human Capital Management Secondly, the supply of pilots that gain The FAA acknowledges it is possible and Performance, LLC, Aviation their initial crew experience in part 121 that as a result of the reduced pool of Professional Development, LLC, DSU, operations as SIC, then move to part 135 eligible pilots, some carriers with less Spartan College, LeTourneau operations or part 91 subpart K as PIC competitive compensation packages University, and three other commenters may decrease. It also anticipates that the may experience a higher failure rate due predict that the arbitrary hour proposed ATP CTP would increase to an inability to attract the best requirements of the proposed ATP training volume at part 142 training candidates, which in turn is a cost to certificate with restricted privileges will centers, as they currently operate the that carrier. Determining the actual cost discourage students from seeking air majority of Level ‘‘C’’ and ‘‘D’’ is very difficult to identify due to lack carrier careers. simulators. Additionally, training of available data and long term hiring volume at part 142 certified training data is difficult to forecast. The FAA b. Part 135, 141, and 142 Pilot Supply facilities would significantly increase, notes, however, the candidates who The FAA also received comments on as only a limited number of part 141 have traditionally performed the best in the impact the proposed rule would and collegiate programs currently initial training, as identified by the ARC

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and the pilot source study, are those the FAA’s finding that the (annualized) take place just prior to initial pilot candidates that will be eligible for a cost of the rule is less than 0.5% of the training so there will be no incremental restricted privileges ATP certificate. operating revenues of all small firms travel costs. However, we now include affected by the rule and request that this travel costs for pilots undergoing ATP 2. Benefits and Cost finding be reevaluated taking into certification training at part 142 training Ameriflight questioned why the FAA account RACCA members and other centers. We agree that we calculated the cost of the proposed rule similarly-placed part 135 carriers. underestimated training pay in the post-statute (meaning without the costs In conducting the economic analysis, NPRM and have increased our estimate associated with the self-executing ATP the FAA did not disregard part 135 on- for the final rule. certificate requirement), but claimed a demand operations as evidenced by the In reference to our estimate of the cost $23 million dollar benefit 24 from the accident analysis conducted by AVP. of the 1,500-hour requirement, the IFL ATP certificate requirement. Ameriflight For part 135 operators, the FAA Group disputed the assertion that a new recommended the FAA not be allowed determined that this rule would have pilot can easily fly 750 hours in a year to take a benefit from any proposed rule had no economic impact on those outside of part 121 operations. The IFL it is not accounting for in its costs. operators. Operating revenue data is not group noted that kind of flight time has The FAA’s Office of Accident available for most part 135 operators as historically been obtained working for Investigation and Prevention (AVP) most are privately held. However, the an air carrier, which the pilot will no conducted an accident analysis three part 135 operators for which we longer be able to do. The commenter accidents of those accidents where the do have operating revenue, as measured added, although flight instructing is SIC had less than 1,500 hours and found by number of PICs (4 to 45 PICs), another way to build time, as a result of no relationship with the ATP certificate encompass almost the entire size range the declining student pilot starts, the requirement. AVP found the probable of part 135 operators (1 to 55 PICs). The ability for pilots to earn that much time cause and contributing factors for those finding that there would be an annually is not realistic. Upon review, accidents to be other issues that are insignificant economic impact therefore the FAA has reduced its assumption to addressed by the ATP CTP and the applies to RACCA members and other 500 hours of flight time annually. aircraft type rating requirement. similarly-placed part 135 carriers. With respect to the cost of the ATP Therefore, the FAA did not attribute any In commenting on the costs of the CTP, NATA asserted the costs are borne benefit to the ATP certificate ATP CTP, AOPA indicated the FAA did by the individual, not an air carrier. requirement. However, as reflected in not calculate the time required of air ‘‘Should the FAA reject NATA’s the final regulatory evaluation, if one carriers to ‘‘navigate the cumbersome comment that costs of the ATP CTP were to attribute all of the benefits schedules of part 142 training centers or should be computed based upon impact claimed for those accidents to the ATP airline in-house training centers’’ to to the regulated individual pilot, NATA certificate requirement (meaning there schedule simulator training and asserts that the FAA still must modify was no other attributable cause for the estimated the cost to be a minimum of its estimates to reflect the higher accident other than the fact that the SIC two hours per ATP applicant. AOPA training costs faced by Part 135 and 91 did not have an ATP certificate and also stated the ATP CTP costs did not subpart K operators’’ due to smaller 1,500 hours), it would total $23 million account for travel expenses because the class sizes and the need to contract with (NPRM). FAA assumed the ATP CTP training training providers. Ameriflight and RACCA believe that would take place immediately prior to The FAA believes that most pilots the cost of the final rule will exceed initial training for the air carrier, but will receive the ATP CTP through $141 million for the airline industry and ‘‘the FAA does not address pilots employment—either at large air carriers, should therefore precipitate a review seeking ATP certification outside of the with their own training facilities and under the Unfunded Mandates Reform air carrier environment.’’ AOPA also simulators, or at part 142 training Act of 1995. The $141 million dollar questioned the training pay assumption, centers through training agreements. figure that triggers the Unfunded stating that ‘‘It seems highly unlikely a The inefficiencies of small size can be Mandates assessment relates to costs pilot earns only $43 a day—$2 per day greatly mitigated by contracting out, imposed in any one year on the private less than their daily per diem—while and, in fact, many small operators sector, which is not the case for this training. . . .’’ already use contract training to meet rule. The total costs attributable to the The FAA estimates the social cost of existing training requirements. rule over a 20-year period are just the ATP CTP by estimating the impact Moreover, the ATP CTP, as a general $312.7 million and the highest cost in on the low-cost providers of the program, is not specific to any type any year is under $20 million (2032). training—part 121 air carriers and part aircraft, nor to any rule part (121, 135, Consequently, the Unfunded Mandates 142 training centers. To also include the 91K). Therefore, we believe that Reform Act is not implicated by this pecuniary impact on training schools competitive part 142 training centers final rule. would be double counting. The FAA will deliver generic ATP CTP training to Ameriflight and RACCA objected to does not agree with costing two hours individuals, as well as air carriers, at the finding of no economic impact on per applicant to schedule training. costs no higher than our conservative part 135 operators. RACCA questioned Given the inventory availability of estimate. ‘‘the thoroughness and validity of the FSTDs discussed previously, the FAA economic impact analyses’’ and believes the impact to training 3. Alternative Licensing Structure suggested ‘‘one reason for the FAA’s department administrators will be In the NPRM the FAA posed two inaccuracy is their complete disregard minimal. With respect to travel costs, questions which focused on an of Part 135 on-demand flying.’’ the FAA has modified its assumption alternative pilot licensing structure for Ameriflight and RACCA also object to and believes that 50% of pilots will be part 121 pilots. The FAA asked if it trained directly by air carriers and 50% should consider an alternative licensing 24 In the NPRM initial regulatory evaluation, the will be trained by part 142 training structure for pilots who desire only to FAA estimated that the total benefit for accidents involving SICs with fewer than 1,500 hours of flight centers. We believe it is highly fly for a part 121 air carrier (e.g. time was $23 million. The final rule regulatory reasonable to assume that ATP multicrew pilot license). The FAA also evaluation estimates it to be $16 million. certification training by air carriers will asked if it were to adopt a licensing

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structure for a multicrew pilot license that have limited knowledge and propose an alternate licensing structure (MPL), what would be the appropriate experience thus reducing safety. for pilots seeking employment with a amount and type of ground and flight The Families of Continental Flight part 121 air carrier. Delta, ALPA, and training. 3407, NADA/F, GAMA, USAPA, and CAE also recommended the FAA form With respect to the question of Bemidji Aviation Services, Inc., an MPL ARC to develop whether the FAA should consider an disagreed with an alternative licensing recommendations for the adoption of alternative licensing structure for structure for pilots who desire only to MPL program. prospective part 121 pilots, a total of 79 fly for a part 121 air carrier. Families of The FAA is appreciative of the commenters including IATA, JetBlue, Continental Flight 3407 suggested an comments received regarding an NAFI, Boeing, PABC, FedEx, A4A, CAE, ATP should be the minimum for SICs. alternative certification avenue for part RAA, Delta, NADA/F, USAPA, ERAU, NADA/F stated they are opposed to 121 air carrier pilots. Whereas the FAA Spartan College, and UAA provided altering the ATP requirements and recognizes the potential benefits of such input. Just over half of the commenters noted the option of multicrew license is a certification structure, it is also were supportive of the FAA considering not part of the legislation. USAPA stated cognizant of the potential risks such a an alternative method to certificate part the FAA should keep the current ATP dramatic departure from traditional 121 air carrier pilots. NTAS supplied standard. Bemidji Aviation Services, certification and experience the results of their industry polling; Inc., stated pilots need to have more requirements could present. The FAA their responders reflected similar experience than an MPL. FSI noted their also agrees with commenters on the results. Sixty-two percent of their ATP courses already include limited data points available for a responders were in favor of the FAA appropriate CRM training. American comprehensive evaluation of existing considering an MPL-like structure. Flyers and NOVA Southeastern MPL programs abroad. Although the FAA’s harmonization with ICAO was University stated the FAA should not FAA cannot commit to a timetable for the most selected reasoning for support accept a lower standard of skill. the organization of an ARC, the FAA according to the NTAS poll. With respect to the question of what believes such an industry group could would be the appropriate amount and Some commenters including IATA properly research, study, and provide type of ground and flight training for an and Boeing, noted the benefits of an detailed recommendations to the FAA MPL-like certification structure, 35 alternative licensing structure for pilots for additional consideration. commenters provided specific who desire only to fly for a part 121 air recommendations on the ground and 4. Accident Effectiveness Ratings carrier. IATA noted results show pilots flight training for an MPL-like structure. In the NPRM the FAA sought training in a multicrew environment Seventeen commenters recommended comment on the effectiveness ratings for exhibit proficiency and safety. Boeing looking to existing ICAO standards or the specific accidents identified in stated the graduates of these programs rules in place in other countries. Appendix 4 of the Initial Regulatory are highly competent in the knowledge ExpressJet recommended the FAA Evaluation. Appendix 4 contained the and skills required for air carrier should review the existing MPL list of part 121 and part 135 accidents operations. An individual commenter structure as outlined in Annex 1 to the that may have been prevented as a result stated training for such a license International Convention on Civil of this rulemaking. The accident specifically develops the core Aviation and consider the desired analysis was conducted by the FAA’s competencies necessary to operate as a outcomes and harmonizing with ICAO Office of Accident Investigation and part 121 SIC. Another individual before determining the amounts and Prevention (AVP) in the Assessment of commenter noted MPL is one of the types of training. the Effectiveness of Public Law 111–216 most rigorous structured pilot training JetBlue supported an alternative in Reducing Accident Risk posted to the programs. licensing structure and stated ground docket. Only six commenters addressed CAE stated its top recommendation is and flight training should be determined the effectiveness ratings of the accident for the FAA to adopt a U.S. MPL. by a comprehensive task analysis and analysis. Another individual commenter noted qualification standard, derived from an Ameriflight and an individual the MPL would allow applicant pilots to Instructional Systems Design (ISD) commenter quoted AVP’s assessment save time and money in reaching their process, and in alignment with the that it found little relationship between goal. Aerosim stated the MPL has been requirements of ICAO. Similarly, CAE the 1,500 hour requirement and airplane proven to be effective training outside states MPL candidates meet the accidents, and therefore found little the United States and should be requirements of a pilot operating in benefit for that requirement. Only seven considered in the United States. LETU multicrew transport category aircraft in of the 31 accidents used for the 14 CFR noted many other countries are using all environments developed through an Part 121 benefit analysis had SICs with the ICAO MPL to address pilot shortage. ISD approach. It is not determined by less than 1,500 hours. The individual The RAA stated there is more than hours, but by meeting objectives of the commenter also stated that it appears enough experience in alternate pilot required competencies through that since the 1,500 hour requirement is training and licensing approaches theoretical and flight training, as mandated by statute, the FAA found it elsewhere in the world to support FAA specified by the ICAO Procedures for unnecessary to examine the 1,500 hour consideration of such an approach. Air Navigation Services (PANS) requirement as a tool for improving Several commenters including ERAU Training Document. Consistent with the safety. Aerosim disagreed with the disagreed with an alternative licensing concepts of Advanced Qualification accident analysis because none of the structure for pilots who desire only to Program (AQP), MPL is a continuous accidents reviewed were caused by low fly for a part 121 air carrier and noted improvement training process validated time SIC. UPS commented that it was the lack of information regarding MPL by empirical data. unaware of any evidence to suggest the programs. ERAU noted not enough FedEx, AAL, and A4A each stated the accidents cited by the FAA as the performance data exists on pilots from FAA should consider MPL requirements benchmark for both benefit and MPL programs. CAPA stated an MPL- in accordance with ICAO standards or prevention would have been avoided if like structure would replace fully as recommended from an ARC. JetBlue the proposals in this NPRM had been in qualified and type rated pilots with ones recommended an ARC be convened to place.

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A4A states that the FAA should the final rule, which is included in the ATP certificate is a prerequisite to pilot ‘‘exclude the 24 part 121 accidents that docket for this rulemaking. employment for it, however, market include SICs with more than 1,500 forces and future pilot supply ‘‘will 5. Considerations for Offering the ATP hours as not relevant to this ultimately determine our and other part CTP rulemaking.’’ A4A questioned the 121 major airlines’ decision to offer the effectiveness ratios on several specific In the NPRM, the FAA sought course.’’ accidents 25 because the NTSB comment on what factors parts 121, 135, The FAA appreciates the commenters determined that the probable causes of 141, and 142 certificate holders would input on what the considerations will be the accidents were failures by the PIC principally consider in determining for offering the ATP CTP and took the not the SIC. A4A based its conclusion whether to offer the ATP CTP. The FAA identified concerns into consideration on the fact that this final rule ‘‘mandates received 39 comments to this question. in developing this final rule. Of the comments received, a majority additional experience for a SIC’’ and, 6. Administrative Law Issues therefore, any accident based primarily of the commenters including on an NTSB finding that the PIC was Ameriflight, CAE, SIU, and ERAU, This final rule will be effective primarily responsible for the accident indicated having a Level C or higher immediately upon publication in the should be excluded. FFS would be a consideration. UND Federal Register. Section 553(d)(3) of The FAA did consider the 1,500 hour commented that it does not have a Level the Administrative Procedure Act requirement for SICs as a regulatory C or D FFS. The cost to acquire, house, provides that publication of a rule shall baseline, since it is required by the Act, operate, and maintain the device would be made not less than 30 days before its when reviewing the accidents. However, be prohibitive. UND was quoted $8 effective date, except ‘‘for good cause both the proposed rule and final rule million dollars to purchase a Level C found and published with the rule.’’ 5 would have affected the eligibility of FFS. This means UND would have to U.S.C. 553(d)(3). Consistent with section both the PIC and the SIC involved in the charge $1,000 per hour to operate the 553(d)(3) and for reasons discussed accidents cited in AVP’s analysis. The simulator. This cost does not include below, the FAA finds good cause exists eligibility of flight crews is based on the the cost to build a building to house the to publish this final rule with an ATP certificate requirement for SICs and FSTD or the cost to hire staff to operate immediate effective date. the 1,000 hours of air carrier experience the equipment. The UAA commented As noted earlier, independent of any for the PIC. In all 3 accidents that that the proposed requirement for a rulemaking action by the FAA, all received ‘‘high’’ effectiveness scores Level C FFS severely limits the number flightcrew members in part 121 (meaning there is a 75% reduction in of 141 certificate holders who could operations must hold an ATP certificate the likelihood of the accident under the provide the training. UAA stated that by August 2, 2013. Under this final rule, proposed rule), crew performance none of its member colleges or certain pilots will be able to obtain an essentially explained the accidents and universities own Level C FFSs. UAA ATP certificate with fewer than 1,500 the rule would have affected the stated the proposal would thrust more hours based on specific academic eligibility of both pilots, as neither the training on part 121 operators and the training courses. The FAA has PIC nor the SIC met the proposed large part 141 pilot schools and 142 established a process by which minimum experience for their training centers. institutions of higher education may respective positions under the proposed Another consideration by many of the apply for authority to certify graduates and final rule. AVP concluded that more commenters was whether the certificate for an R–ATP certificate. Without an experience and seasoning would have holder had instructors that met the immediate effective date, the FAA affected the outcome of these accidents. proposed requirement of two years of cannot begin to issue this authority, AVP also acknowledged in its experience in airline operations. Boeing, which will delay issuance of R–ATP analysis that, as a matter of analytical SIU, and UAA commented that the certificates. Such a delay could result in principle, no accident received an requirement for ATP CTP instructors to hardship for those pilots currently effectiveness score higher than 0.9 based have two years of experience under serving in part 121 air carrier operations on the assumption that the FAA can § 91.1053(a)(2)(i), or § 135.243(a)(1), or who would otherwise qualify for an R– never be certain that any intervention in any part 121 operation does not ATP certificate. To minimize would eliminate all risk in a particular assure proficiency in instructing. Boeing disruptions to part 121 operations and scenario. The accident analysis further commented that the instructor reduce the impact on pilots currently considered the entire proposal, not just requirement is overly burdensome on serving in part 121 with commercial the requirement for part 121 SICs to part 141 and 142 certificate holders as pilot certificates, the FAA finds good hold an ATP certificate. AVP found the these organizations have no ability to cause exists for this rule to take effect rulemaking to be effective at least to qualify instructors that did not already immediately upon publication in the some degree against 31 accidents meet the requirement. Federal Register. analyzed, and in most cases the Additional comments focused on effectiveness scores were ‘‘low’’ or which certificate holders might need to 7. Miscellaneous Amendments ‘‘low-to-moderate.’’ provide the ATP CTP. American The FAA proposed several As a result of the comments and the Airlines commented that aviation miscellaneous amendments to parts 61 changes incorporated into the final rule, colleges will be incentivized to offer the and 142. These amendments— AVP re-evaluated the part 121 and part course; however costs to the certificate maintained in the final rule—are non- 135 accidents and made some holder would be a significant factor in substantive technical amendments adjustments. The full review of the determining whether to develop and intended to define terms, remove accident analysis is available as part of offer such a course. JetBlue speculates obsolete provisions, and make minor the Final Regulatory Impact Analysis for the ATP CTP requirement would conforming changes to existing necessitate part 135, regional part 121 regulations. In addition, the FAA has 25 A4A specifically questioned the effectiveness carriers, and parts 141 and 142 made a slight modification to § 61.71(c). ratios in Great Lakes Aviation accident (6/20/2007), certificate holders to offer the ATP CTP This change makes clear that a person the Air Tahoma accident (8/13/2004), the Mesa Airlines accident (10/16/2001), and the Avjet immediately to help alleviate pilot may be considered to meet the accident (3/29/2001). supply concerns. JetBlue added that an aeronautical experience, aeronautical

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knowledge, and areas of operation for inflation with base year of 1995). requirement (by means of the R–ATP requirements of part 61 under the terms This portion of the preamble certificate) and also by its provision of a Bilateral Aviation Safety Agreement summarizes the FAA’s analysis of the allowing pilots with a minimum age of (BASA) and associated Implementation economic impacts of this final rule. We 21 to be eligible for the R–ATP Procedures for Licensing (IPL). As suggest readers seeking greater detail certificate. Our estimate of these cost previously written, the provision could read the full regulatory evaluation, a savings are $2.3 billion with a present have given the impression that a person copy of which we have placed in the value savings of $0.8 billion. who holds a foreign pilot license and is docket for this rulemaking. The final rule requires that all SICs applying for a U.S. pilot certificate on In conducting these analyses, FAA serving in part 121 operations hold a the basis of a BASA is automatically has determined this final rule has type rating in the airplane flown and considered to have met the benefits that justify its costs, satisfies a requires that an ATP CTP be completed requirements of part 61. In fact, a Congressional requirement to improve by all applicants for an ATP certificate foreign pilot is only considered to have aviation safety, and is a ‘‘significant with an airplane category multiengine met those requirements specifically regulatory action’’ as defined in section class rating (or an ATP certificate identified in the BASA and IPL. 3(f) of Executive Order 12866 because it obtained concurrently with an airplane IV. Regulatory Notices and Analyses raises novel policy issues contemplated type rating). The costs of the final rule under that executive order. The rule is training and aircraft type rating A. Regulatory Evaluation also ‘‘significant’’ as defined in DOT’s requirements total $312.7 million Changes to Federal regulations must Regulatory Policies and Procedures. The ($138.7 million in present value). The undergo several economic analyses. final rule, if adopted, will not have a expected benefits from the new training First, Executive Order 12866 and significant economic impact on a requirements are $576.8 million with a Executive Order 13563 direct that each substantial number of small entities, present value of $251.7 million. Federal agency shall propose or adopt a will not create unnecessary obstacles to For part 121 operators the final rule regulation only upon a reasoned international trade, and will not impose is cost-beneficial as present value determination that the benefits of the an unfunded mandate on state, local, or benefits, at $127.5 million, exceed intended regulation justify its costs. tribal governments, or on the private present value costs, at $124.6 million. Second, the Regulatory Flexibility Act sector. For part 135 operators present value of 1980 (Pub. L. 96–354) requires Total Benefits and Costs of This Rule benefits, at $124.2 million, exceed agencies to analyze the economic present value costs, at $9.8 million. In the Act, Congress mandated that all impact of regulatory changes on small Although the FAA does not have a part 121 pilots serving as second in entities. Third, the Trade Agreements quantitative estimate of benefits for part command (SICs) have an airline Act (Pub. L. 96–39) prohibits agencies 91, subpart K, operators, we believe that transport pilot (ATP) certificate with at from setting standards that create the ATP CTP will sufficiently enhance least 1,500 flight hours. This statutory unnecessary obstacles to the foreign safety for part 91, subpart K, operators requirement is self-executing, it will commerce of the United States. In to make the rule cost-beneficial for these developing U.S. standards, this Trade take effect whether or not the FAA operators as well. Because of the Act requires agencies to consider issues a regulation. We estimate the similarity of their operations, we believe international standards and, where costs of the ATP certificate requirement that part 91 subpart K operators are appropriate, that they be the basis of to be $6.4 billion ($2.2 billion in present subject to similar risks as part 135 U.S. standards. Fourth, the Unfunded value), almost all of which stems from operators. The lack of identifiable rule- Mandates Reform Act of 1995 (Pub. L. the 1,500-hour flight time requirement. related accidents reflects the 104–4) requires agencies to prepare a The statute allows the FAA significantly smaller scope of part 91 written assessment of the costs, benefits, Administrator to specify academic subpart K operations compared to part and other effects of proposed or final training as an offset to the 1,500-hour 135 operations and a possible under- rules that include a Federal mandate flight time requirement provided the recording of part 91 subpart K accidents. likely to result in the expenditure by training enhances safety. This rule Additional discussion can be found in State, local, or tribal governments, in the provides cost savings benefits from its the full regulatory evaluation. aggregate, or by the private sector, of provision of such academic training $100 million or more annually (adjusted credits toward the 1,500-hour Statute and Rule Costs and Benefits

TABLE 5A—STATUTE COSTS AND BENEFITS

Total cost PV cost Statute costs ($ mil) ($ mil)

ATP Certificate Requirement—Knowledge & Practical Tests ...... $29.9 $31.1 ATP Certificate Requirement—Eligibility Restrictions ...... 6,344.5 2,181.9

Part 121 ATP Certificate Requirement ...... 6,374.4 2,213.0

Statute Benefits ...... No Identifiable Accident Benefits.

TABLE 5B—FINAL RULE COSTS

Total cost PV cost Final rule costs ($ mil) ($ mil)

Part 121 Operators ...... $280.4 $124.6 Part 135 Operators ...... 22.4 9.8

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TABLE 5B—FINAL RULE COSTS—Continued

Total cost PV cost Final rule costs ($ mil) ($ mil)

Part 91, Subpart K, Operators ...... 9.8 4.3

Total Training/Type Rating Costs ...... 312.7 138.7

TABLE 5C—FINAL RULE SAFETY BENEFITS

Total benefits PV benefits Final rule safety benefits ($ mil) ($ mil)

Part 121 Safety Benefits ...... $292.5 $127.5 Part 135 Safety Benefits ...... 284.3 124.2

All Safety Benefits ...... 576.8 251.7

TABLE 5D—COST SAVINGS BENEFITS OF FINAL RULE

Total cost savings PV cost savings Final rule cost savings ($ mil) ($ mil)

Military Academic Training Credit (750 hrs) ...... $547.1 $188.2 4-Year Degree Academic Training Credit (500 hrs) ...... 972.0 333.0 2-Year Degree Academic Training Credit (250 hrs) ...... 490.1 165.8 Pilots with 1,500 Hrs Flight Time Eligible for Restricted ATP Certificate at Age 21 ...... 300.1 102.8

Cost Savings from Rule Relief ...... 2,309.3 789.8 Notes: 1. Part 121 PV cost of $124.6 million includes $123.1 million in ATP CTP costs and $1.5 million in type rating costs. 2. Details may not add up to totals due to rounding.

Who is potentially affected by this rule? growth factor of 1.0107.26 29, ‘‘Active Pilots by Type of Pilots working for or seeking Memorandum: Guidance on Treatment Certificate’’, Air Transport, Avg Annual of the Economic Value of a Statistical employment by air carriers operating Growth, 2009–2030. Life in Departmental Analyses [February • Cost of ATP CTP and cost of type under part 121 will be affected. It could 2013]. United States Office of the rating: Estimated from 2010 FAA also impact pilots working for or Secretary of Transportation (OST). industry survey and FAA Flight seeking employment by operators in • Number of rule-related accidents Standards Service. parts 135 and 91, subpart K. Certificate and associated number of fatalities, • Percentage of part 121 SICs without holders approved under parts 121, 135, number of minor & serious injuries, and an ATP certificate (regional = 85 141, or 142 will be affected if they aircraft damage: FAA, Office of percent; major/cargo = 15 percent): choose to offer the ATP CTP. Accident Investigation and Prevention Estimated from 2010 FAA industry Institutions of higher education that (AVP). survey. seek the authority to certify their • Market value of aircraft and • Percentage of part 121 SICs without graduates have met the requirements for restoration costs: APO update to 2008 of a type rating (regional = 90 percent; a restricted privileges ATP certificate data in Economic Values for FAA major/cargo = 30 percent): Estimated may also be affected. Investment and Regulatory Decisions, A from 2010 FAA industry survey. Assumptions: Guide, Section 5, Office of Aviation • • Typical number of years for We use a 20-year period of analysis Policy and Plans, U.S. Federal Aviation upgrade from SIC to PIC (Major airlines: in order to more fully account for costs Administration, Wash., DC, Dec. 31, 10 years, Regional airlines: 5 years): that will accumulate over time as new 2004. The 2008 data is updated from Estimated from 2010 FAA industry pilots replace retiring pilots unaffected 2008 to 2010 by the GDP implicit price survey. by the rule. All monetary values are deflator. • Typical number of years after which • expressed in 2010 dollars. In calculating Number of part 121 PICs and SICs PIC will move from regional airline to present values, we discount back to the by airline, part 135 ATP pilots, and part major airline (2 years): Estimated from end of 2010/beginning of 2011. 91, subpart K, fractional ownership 2010 FAA industry survey. • All monetary values are expressed program PICs: FAA, Flight Standards • Pilot salary data by airline (2008): in 2010 dollars. Present value discount Service, National Vital Information www.airlinepilotcentral.com. rate is 7 percent (Office of Management Subsystem (NVIS) database (Nov. 22, • Early and medical part 121 pilot & Budget, Circular A–4, ‘‘Guidelines 2010; Dec. 10, 2010). • retirement rate (0.5%): Email from Kit and Discount Rates for Benefit-Cost Pilot growth rate (0.6%): U.S. DOT, Darby, President, KitDarby.com Analysis of Federal Programs,’’ October FAA, Aviation Policy & Plans. FAA Aviation Consulting, LLC, Peachtree 29, 1992, p. 8, www.whitehouse.gov/ Aerospace Forecast: 2010–2030. Table City, GA, 12/18/2010. omb/circulars/index.html). • Part 121 pilot retirement rate • Value of statistical life (VSL) begins 26 Due to a decline in real income in 2011 and 2012, the growth factors for these years are 0.98246 (3.6%): Email from Kit Darby, President, at $8.86 million in 2010, and increases and 0.99702, respectively. Email from OST, March KitDarby.com Aviation Consulting, LLC, to $10.7 million in 2032 by an annual 7, 2013. Peachtree City, GA, 12/20/2010.

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• Part 135 and part 91, subpart K, The ATP CTP is designed to address billion, with a present value of $0.8 retirement rate (3.0%): We used this rate the gap in knowledge identified by the billion. The costs of the final rule in the FOQ Initial Regulatory Evaluation FOQ ARC between a commercial pilot training requirements for ATP certificate (p. 17) and received no comments. and the knowledge a pilot should have applicants and the aircraft type rating • Flight experience of military pilots when entering an air carrier requirement total $312.7 million ($138.7 leaving the service: FAA Flight environment. The basic concepts million in present value). Of these costs Standards Service. addressed by these requirements are part 121 operators are estimated to incur • Hiring minimums by airline & applicable to pilots operating in part $280.4 million ($124.6 million in airline group and percentage of pilots 135 and part 91, subpart K operations as present value). hired with military training: Kit Darby, well as pilots in part 121 operations. Cost Benefit Summary President, KitDarby.com Aviation The ATP CTP has a comprehensive Consulting, LLC, Peachtree City, GA. topic list to address these deficiencies The purpose of this final rule is to • Number of baccalaureates with that are the underlying causes of many meet pilot certification and qualification aviation-related degrees: Aviation airplane accidents: requirements imposed by Congress in Accreditation Board International • Aerodynamics Sections 216 and 217 of the Act. (AABI), Gary W. Kiteley, Executive Æ Stall recognition/recovery Congress mandated the ATP certificate Director, 3410 Skyway Drive, Auburn, Æ Upset prevention/recovery AL. Æ requirement—the most expensive High altitude operations requirement of this final rule, $6.4 Æ Energy management Benefits of This Rule Æ billion ($2.2 billion in present value), Operating in a multicrew although Congress allowed the FAA to The benefits of this final rule are that environment it provides some mitigation of the cost • provide academic training credits (by Air Carrier Operations means of the R–ATP) which result in of the Airline Safety and Federal Æ Physiology/Fitness for duty cost savings of $2.0 billion ($0.7 billion Aviation Extension Act of 2010 mandate Æ Communications in present value) that partially offset the and will provide accident prevention Æ Ground operations safety benefits from the rule’s training Æ Aircraft systems and performance requirement. The final rule also program in response to Congressional • Crew Resource Management partially offsets the requirement by direction. We estimate the cost to be • Knowledge-based decision-making reducing the R–ATP minimum age $6.4 billion ($2.2 billion in present • Leadership and Professional requirement for pilots with 1,500 hours value) to be the Congressionally- development to age 21. This relief provides an mandated self-executing requirement • Manual Aircraft Handling Skills additional cost savings of $0.3 billion that all part 121 SICs have an ATP • Pilot Monitoring Responsibilities ($0.1 billion in present value). Lastly, certificate with at least 1,500 flight Æ Communication the costs of the final rule training hours. The FAA found no quantifiable Æ Risk management requirements for ATP certificate relationship between the 1,500-hour Æ Decision making applicants and the aircraft type rating requirement and airplane accidents Æ Threat and error management requirement total $312.7 million ($138.7 because all part 121 PICs have an ATP The FAA determined that 58 million in present value) with expected certificate and 1,500 flight hours, and, accidents were partially attributable to benefits of $576.8 million ($251.7 in most accident cases, the SICs had pilot qualification issues, over the 2001– million in present value). 1,500 flight hours. Very importantly, 2010 period of accident analysis. We B. Regulatory Flexibility Determination because the 1,500-hour requirement will estimated the value of preventing these become law regardless of FAA action, 58 accidents in the future to be worth 1. Introduction and Purpose of This the costs for this requirement do not $838.6 million. After taking into Analysis require an FAA benefit justification for account probability that pilot such costs. Congress allowed, and the certification and qualification training The Regulatory Flexibility Act of 1980 final rule provides, cost-savings benefits would prevent these accidents, we (Pub. L. 96–354) (RFA) establishes ‘‘as a from the rule’s provision for academic derived part 121 safety benefits of about principle of regulatory issuance that training credits (including credit for $292.5 million, with present value agencies shall endeavor, consistent with military training) toward the 1,500-hour $127.5 million, and part 135 safety the objectives of the rule and of requirement. The final rule also benefits of about $284.3 million, with applicable statutes, to fit regulatory and provides cost savings by reducing the present value $124.2 million. informational requirements to the scale minimum age requirement for pilots of the businesses, organizations, and Costs of This Rule with 1,500 flight hours to 21 years. The governmental jurisdictions subject to cost savings that result from these Without this final rule, the Act’s regulation. To achieve this principle, provisions are $2.3 billion, with a mandate would cost $6.4 billion ($2.2 agencies are required to solicit and present value of $0.8 billion. billion in present value). Because the consider flexible regulatory proposals Primarily because of the training mandate of the SIC 1,500-hour and to explain the rationale for their requirements of this rule, the FAA requirement will become law regardless actions to assure that such proposals are expects that the rule will reduce the of FAA action, the costs for this given serious consideration.’’ The RFA number of future accidents. The requirement are not a cost of this rule. covers a wide-range of small entities, quantified benefits from this rule are The final rule provides cost savings by including small businesses, not-for- based upon the value of preventing reducing the minimum total hours for profit organizations, and small future accidents. The methodology an ATP certificate for military pilots and governmental jurisdictions. begins by identifying previous accidents graduates of bachelor’s and associate’s Agencies must perform a review to that this rule could have prevented, or degree programs with aviation majors, determine whether a rule will have a mitigated. We then estimate the and by reducing the minimum age significant economic impact on a probability that such accidents would requirement for pilots with 1,500 flight substantial number of small entities. If be prevented in the future were the rule hours to 21 years. The cost savings that the agency determines that it will, the in place. result from these provisions are $2.3 agency must prepare a regulatory

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flexibility analysis as described in the 2. Objectives of This Rule the impact is on individual pilots RFA. The purpose of this final rule is to pursuing ATP certification.’’ NATA also However, if an agency determines that meet pilot certification and qualification stated that the FAA failed to account for a rule is not expected to have a requirements imposed by Congress in dramatically higher training costs for significant economic impact on a Sections 216 and 217 of the Airline part 135 and 91 subpart K operators substantial number of small entities, Safety and Federal Aviation Extension compared to part 121 operators owing to section 605(b) of the RFA provides that Act of 2010 (Pub. L. 111–216). The far smaller class sizes, often one or two the head of the agency may so certify provisions of this Act were the result of pilots at a time, and their inability to use in-house training personnel to the and a regulatory flexibility analysis is the fatal accident of Colgan Air Flight same extent as a large airline. This lack not required. The certification must 3407 that occurred in Buffalo, New of ability to use efficiencies the way include a statement providing the York, on February 12, 2009. In addition large airlines do would lead to factual basis for this determination, and to specific mandated requirements, the the reasoning should be clear. significantly higher costs. Act requires the FAA to address certain The FAA believes that most pilots As required by Section 603(a) of the issues in pilot qualification and RFA, we prepared and published an will receive the ATP CTP through certification. This rule addresses those employment—either at air carriers, with initial regulatory flexibility analysis issues, most importantly with training (IRFA) as part of the NPRM for this rule their own training facilities and requirements to qualify pilots for the simulators, or at part 142 training (77 FR 12374, February 29, 2012). As a ATP certificate mandated by the Act. result of that analysis we determined centers through training agreements, as this rule would not have a significant 3A. Summary of the Significant Issues these are the organizations that have the impact on a substantial number of small Raised by the Public Comments in FFSs required for the ATP CTP. The entities for the following reason: The Response to the IRFA, a Summary of the inefficiencies of small size can be annualized cost 27 of the rule is less than Assessment of the Agency of Such greatly mitigated by contracting out this 2% of operating revenues for all small Issues, and a Statement of Any Changes training, and, in fact, many of the smallest operators already use contract firms that would be affected by the rule. Made to the Proposed Rule Resulting training to meet existing training Section 604 of the RFA also requires From Such Comments requirements. Moreover, the ATP CTP, an agency to publish a final regulatory The FAA received more than 200 as a general program, is not specific to flexibility analysis (FRFA) in the comments on the requirement that all any type aircraft, nor to any rule part Federal Register when issuing a final pilots, including SICs, hold an ATP (121, 135, 91K). Therefore, we believe rule. Section 604(a) requires that each certificate (requiring 1,500 flight hours), that competitive part 142 training FRFA contain: many in opposition to the requirement. centers will deliver generic ATP CTP (1) A succinct statement of the need These comments were made in response training to individuals, as well as air for, and objectives of, the rule; to the proposed rule, not the IRFA per carriers, at costs no higher than our (2) a summary of the significant issues se. Several commenters also objected to conservative estimate. raised by the public comments in our finding in the Initial Regulatory response to the IRFA, a summary of Flexibility Analysis that there was no 3.B. A Description of the Steps the agency’s assessment of such issues, and significant impact on a substantial Agency Has Taken To Minimize a a statement of any changes made to the number of small entities. These Significant Economic Impact on Small proposed rule resulting from such objections appear to stem from the Entities and * * * Why Other comments; commenters’ belief that the cost we Significant Alternatives to the Rule That (3) a description of and an estimate of attribute to the statute is a cost of the Affect Small Entities Were Rejected the number of small entities for which rule. But the requirement for all pilots The FAA has no discretion with the final rule will apply; in part 121 operations to hold an ATP respect to the Congressionally-mandated (4) a description of the projected certificate is Congressionally-mandated requirement that all part 121 pilots hold reporting, recordkeeping and other and self-executing, so the significant an ATP certificate. Although not compliance requirements of the rule, costs associated with this requirement specific to small entities, the FAA has including an estimate of the classes of are attributable to the statute, not the mitigated the cost of the 1,500 flight small entities which will be subject to rule. hour requirement for an ATP certificate the requirement and the type of The statute allows the FAA to grant by allowing credits towards total flight professional skills necessary for academic training credits, effectively time based on academic training preparation of the report or record; and reducing the costs of the 1,500-hour courses. These credits are provided by (5) a description of the steps the requirement. As a result of the means of a new R–ATP certificate. The agency has taken to minimize the comments on the ATP certificate final rule also reduces the minimum age significant economic impact on small requirement and the R–ATP certificate, requirement for the R–ATP certificate to entities consistent with the stated in the final rule the FAA will broaden age 21. The regulatory evaluation objectives of applicable statues, the scope of academic credits to include estimates this relief provided in the including a statement of the factual, pilots with a two-year degree with an final rule will reduce the cost of the policy, and legal reasons for selecting aviation major. The FAA will also Congressionally-mandated ATP the alternative adopted in the final rule permit a pilot with 1,500 hours of flight certificate requirement by $2.3 billion 28 and why each one of the other time to obtain an R–ATP certificate at (present value cost: $0.8 billion). significant alternatives to the rule the age of 21. Several commenters believe removing considered by the agency which affect With regard to the costs associated the ability for pilots to receive training the impact on small entities was with the ATP certification training for the multiengine airplane ATP rejected. program, NATA stated that ‘‘Since no requirement exists or is proposed that 28 The FAA has also modified the compliance date for the ATP CTP and the type rating 27 Annualized cost is the annual cash flow of an require air carriers to provide the ATP requirements to provide additional time to all pilots annuity that yields the same present value as the CTP, we believe the FAA must perform and operators to accommodate the new total present value cost. its analysis of this proposal assuming requirements.

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certificate under part 61 will hurt local include training in an FSTD. The employed as a pilot by a part 121 fixed-base operators (FBOs) and CFIs. requirements specifically relating to certificate holder by July 31, 2013. These commenters believe that allowing training at high altitude, in adverse Although not specific to small entities, FBOs and CFIs to provide the ATP CTP weather, and in difficult operational this will reduce the impact on small would reduce the cost of the training conditions cannot be safely or entities. In any case, type rating costs for and the negative impact on part 61 effectively accomplished in aircraft. For new-hire pilots are minimal given the instructors and part 61 flight schools. that reason, the ATP CTP can be statutory requirement for an ATP The FAA notes that prior to this final provided only by certificate holders certificate. rule there were no training requirements who can sponsor an FSTD. for the multiengine airplane ATP The FAA does not believe that there 4. Description of the Small Entities to certificate so pilots who sought the is an alternative to the ATP CTP Which the Final Rule Will Apply and an certificate on their own did not seek requirement that could be applied to Estimate of Their Number training with an instructor except when small entities. The Act identified several they were ready to take their practical critical areas that must be part of the The final rule would affect firms in test. Because most ATP certificates are training required to apply for an ATP part 121, part 135, and part 91, subpart currently accomplished through certificate to prepare pilots to operate in K, operations in the following North evaluation events conducted by an air carrier environment. To allow American Industry Classification employers under other rule parts (i.e., smaller operators who conduct System (NAICS) industries, for all four parts 121 or 135) rather than through operations that require pilots to hold an of which the Small Business part 61 instruction, the FAA does not ATP certificate to meet a reduced Administration (SBA) size standard is believe that there will be a significant training standard would not be 1,500 employees.29 The SBA size impact on part 61 instructors and part responsive to the Act and would create standard as defined in 13 CFR 121.201, 61 flight schools by excluding those two different standards for pilots who is the largest size that a business groups from providing the ATP CTP. are exercising the privileges of an ATP (including its subsidiaries and affiliates) As for the new requirement for pilots certificate. may be to remain classified as a small to complete the ATP CTP, the FAA has To the extent that small businesses business by the SBA. As the size determined that the safest and most were concerned about the costs standard is identical at 1,500 employees effective way to ensure that applicants associated with the type rating, as noted for all four air transportation industries, for an ATP certificate have met the earlier, the FAA has adjusted the we do not attempt to classify affected requirements of section 217 of the Act compliance date from August 2, 2013, to firms by particular air transportation is to establish specific requirements that January 1, 2016, for those pilots who are industry.

TABLE 6—SBA SIZE STANDARD FOR NAICS AIR TRANSPORTATION INDUSTRIES

NAICS code 2002 U.S. NAICS title SBA Size standard

481111 ...... Scheduled Passenger Air Transportation ...... 1,500 employees. 481112 ...... Scheduled Freight Air Transportation ...... 1,500 employees. 481211 ...... Nonscheduled Chartered Passenger Air Transportation ...... 1,500 employees. 481212 ...... Nonscheduled Chartered Freight Air Transportation ...... 1,500 employees.

The FAA database (2010) has 92 the basis of employment data available encompass almost the entire size range operators classified as part 121 air from the FAA database. We had no of part 135 operators. carriers. Using Department of corresponding employment data for part Transportation 2009 employment 5. Description of the Projected 135 operators. The largest part 135 Reporting, Recordkeeping and Other data,30 we identified 32 of these part operator, however, had just 55 PICs, so 121 operators as large and an identical Compliance Requirements of the Final we infer that all 1,106 part 135 operators Rule number as small. Using other are small. Table 7 below lists our employment data, we identified eight identified small entities operating under Reporting and Recordkeeping more part 121 operators as large, seven part 121, part 135, and part 91 subpart Requirements as subsidiaries of a group with more K operators along with data to assess the than 1,500 employees and one known to The final rule levies requirements that impact of the final rule on them, as be large (UPS). We identified one more must be met by certificate holders who part 121 operator as small, as a discussed below. We list all 52 small wish to offer or provide the ATP CTP. subsidiary of a group with less than part 121 operators and all nine small While requiring the gathering and 1,500 employees. We inferred 19 more part 91 subpart K operators, but, owing maintaining of information and, in operators to be small on the basis of to their large numbers, only the three certain cases, the reporting of some of pilot numbers.31 So in all, we identified part 135 operators for which we have that information to the FAA, these 40 of the 92 part 121 operators as large operating revenue data. Revenue data is sections require no additional burdens and 52 as small. Therefore, there are a not available for most part 135 operators on the certificate holders beyond what substantial number of small entities as most are privately held. However, the is required by the current rule or that operating as part 121 air carriers. three part 135 operators for which we which is currently borne by certificate We also identified five of the nine do have operating revenue, as measured holders in regular practice. Exceptions part 91, subpart K, operators as small on by number of PICs (4 to 45 PICs), to this are the following:

29 U.S. Small Business Administration. Table of 30 www.bts.gov/programs/airline_information/ pilots for any part 121 operator identified as small. Small Business Size Standards Matched to North number_of_employees/. The largest operator that we inferred to be small American Industry Classification System Codes, 31 The largest small part 121 operator has 1,446 had 231 pilots. July 21, 2006. Web site: www.SBA.gov. employees and 391 pilots, the largest number of

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a. One-time development and c. One-time application to the FAA by d. One-time cost per student to the submission of an ATP CTP to the FAA an institution of higher education institution of higher education for an for approval. seeking the authority to certify its academic advisor to review graduate b. One-time record keeping costs for graduates of a degree program with an transcripts to determine eligibility for an pilot training pertaining to completion aviation major for an R–ATP certificate. R–ATP certificate. of the ATP CTP. TABLE 7—ECONOMIC IMPACT OF THE FINAL RULE ON SMALL PART 121, PART 135, AND PART 91 SUBPART K OPERATORS

Pilots (parts Cost as Operating Operating Operator name Air carrier Primary Pilot Total 121, 135, Ann. cost % of revenue revenue category operations numbers 2009 emp or 91K) ($1000s) operating ($1000) source (percent) revenue

ABX AIR INC ...... Cargo ...... Part 121 ..... 313 1435 0.54 46 0.00 1,173,146 DOT. AEKO KULA INC (Aloha Air Cargo) ...... Cargo ...... Part 121 ..... 22 315 0.04 3 0.00 280,309 DOT. AERO MICRONESIA INC ...... Cargo ...... Part 121 ..... 12 AIR TRANSPORT INTERNATIONAL LLC ...... Cargo ...... Part 121 ..... 113 396 0.20 17 0.01 273,016 DOT. AMERIJET INTERNATIONAL INC ...... Cargo ...... Part 121 ..... 56 540 0.10 8 0.01 138,372 DOT. AMERISTAR AIR CARGO INC ...... Cargo ...... Part 121 ..... 17 0.03 3 0.04 6,942 DOT. ARROW AIR INC ...... Cargo ...... Part 121 ..... 50 613 0.09 7 0.00 206,805 DOT. ASTAR AIR CARGO INC ...... Cargo ...... Part 121 ..... 85 631 0.15 13 0.00 347,018 DOT. AVIATION SERVICES LTD ...... Cargo ...... Part 121 ..... 18 CAPITAL CARGO INTERNATIONAL AIR- Cargo ...... Part 121 ..... 100 223 0.17 15 0.03 53,209 DOT. LINES INC. CENTURION AIR CARGO INC ...... Cargo ...... Part 121 ..... 47 567 0.08 7 0.00 164,905 DOT. CORPORATE AIR ...... Cargo ...... Part 121 ..... 75 EVERGREEN INTERNATIONAL AIRLINES Cargo ...... Part 121 ..... 132 442 0.23 19 0.00 518,843 DOT. INC. FALCON AIR EXPRESS INC ...... Cargo ...... Part 121 ..... 25 0.04 4 0.03 11,665 DOT. FLORIDA WEST INTERNATIONAL AIR- Cargo ...... Part 121 ..... 32 51 0.06 5 0.00 113,736 DOT. WAYS INC. GULF AND CARIBBEAN CARGO INC ...... Cargo ...... Part 121 ..... 42 63 0.07 6 0.02 25,270 DOT. KALITTA AIR LLC ...... Cargo ...... Part 121 ..... 231 860 0.40 34 0.01 666,161 DOT. KALITTA CHARTERS II LLC ...... Cargo ...... Part 121 ..... 23 0.04 3 0.02 14,048 DOT. LYNDEN AIR CARGO L L C ...... Cargo ...... Part 121 ..... 49 175 0.08 7 0.01 88,289 DOT. MERIDIAN ASSOCIATES ...... Cargo ...... Part 121 ..... 8 MIAMI AIR INTERNATIONAL INC ...... Cargo ...... Part 121 ..... 80 409 0.14 12 0.01 151,868 DOT. MOUNTAIN AIR CARGO INC ...... Cargo ...... Part 121 ..... 126 NATIONAL AIR CARGO GROUP INC ...... Cargo ...... Part 121 ..... 23 500 0.04 3 0.02 20,882 DOT. NORTHERN AIR CARGO INC ...... Cargo ...... Part 121 ..... 24 197 0.04 4 0.01 47,197 DOT. OMNI AIR INTERNATIONAL INC ...... Cargo ...... Part 121 ..... 255 1032 0.44 38 0.01 438,327 DOT. PRESCOTT SUPPORT CO ...... Cargo ...... Part 121 ..... 13 0.02 2 0.02 8,614 DOT. RHOADES AVIATION INC ...... Cargo ...... Part 121 ..... 4 SIERRA PACIFIC AIRLINES INC ...... Cargo ...... Part 121 ..... 10 0.02 1 0.01 11,199 DOT. SKY KING INC ...... Cargo ...... Part 121 ..... 32 0.06 5 0.03 16,583 DOT. SKY LEASE I INC (Tradewinds Airlines) ...... Cargo ...... Part 121 ..... 49 47 0.08 7 0.01 63,683 DOT. SOUTHERN AIR INC ...... Cargo ...... Part 121 ..... 186 589 0.32 27 0.02 170,478 DOT. SWIFT AIR L L C ...... Cargo ...... Part 121 ..... 29 0.05 4 0.05 8,643 DOT. TATONDUK OUTFITTERS LTD ...... Cargo ...... Part 121 ..... 47 288 0.08 7 0.02 40,371 DOT. USA JET AIRLINES INC ...... Cargo ...... Part 121 ..... 70 244 0.12 10 0.01 128,053 DOT. DYNAMIC AIRWAYS LLC ...... Charter ...... Part 121 ..... 8 AERODYNAMICS INC ...... Charter PAX Part 121 ..... 14 211 0.02 2 0.00 53,595 DOT. RYAN INTERNATIONAL AIRLINES INC ...... Charter PAX Part 121 ..... 151 540 0.26 22 0.02 142,069 DOT. TEM ENTERPRISES INC (Xtra Airways) ...... Charter PAX Part 121 ..... 40 120 VISION AIRLINES INC ...... Charter PAX Part 121 ..... 116 131 0.20 17 0.03 62,366 DOT. WORLD AIRWAYS INC ...... Charter PAX Part 121 ..... 391 1446 0.68 58 0.01 653,144 DOT. BRENDAN AIRWAYS LLC (USA 3000 Air- Mainline ...... Part 121 ..... 54 390 0.09 8 0.00 227,850 DOT. lines). MN AIRLINES LLC (Sun Country Airlines) ..... Mainline ...... Part 121 ..... 143 642 0.25 21 0.01 224,232 DOT. VIRGIN AMERICA INC ...... Mainline ...... Part 121 ..... 330 1421 0.57 49 0.01 326,023 DOT. CHAMPLAIN ENTERPRISES INC Regional ..... Part 121 ..... 150 300 (CommutAir). EMPIRE AIRLINES INC ...... Regional ..... Part 121 ..... 111 250 ERA AVIATION INC (In Frontier Alaska Regional ..... Part 121 ..... 57 Group). GREAT LAKES AVIATION LTD ...... Regional ..... Part 121 ..... 231 1.12 128 0.13 100,033 10–K. GULFSTREAM INTERNATIONAL AIRLINES Regional ..... Part 121 ..... 156 INC. HAWAII ISLAND AIR INC ...... Regional ..... Part 121 ..... 38 0.18 21 0.08 24,907 DOT. HYANNIS AIR SERVICE INC ...... Regional ..... Part 121 ..... 212 850 PENINSULA AIRWAYS INC ...... Regional ..... Part 121 ..... 119 SEABORNE VIRGIN ISLAND INC ...... Regional ..... Part 121 ..... 21 0.10 12 1.73 670 CLEAR. USA JET AIRLINES INC ...... Part 135 ..... 45 0.62 6 0.02 27,380 DOT. AVIATION CONCEPTS ...... Part 135 ..... 10 0.14 1 0.05 2,568 DOT. VICTORY AIR TRANSPORT INC...... Part 135 ..... 4 0.05 0 0.02 2,745 DOT. AIRSPRINT US ...... Part 91K ..... 5 27 0.16 1 AVANTAIR ...... Part 91K ..... 136 340 4.25 17 0.01 149,001 CLEAR. CORPORATE EAGLE MGT SVCS ...... Part 91K ..... 13 33 0.41 2 0.01 11,419 CLEAR. EXECUTIVE FLT SVCS ...... Part 91K ..... 60 100 1.87 7 0.00 2,024,000 CLEAR. PLANE SENSE ...... Part 91K ..... 61 160 1.90 7 0.01 94,000 CLEAR.

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Other Compliance Requirements knowledge required for an air carrier multiengine class rating. As noted in the This final rule will require the SIC) and will address the current lack of regulatory evaluation and preamble, following: a training requirement for ATP multiengine hours are typically 1. An ATP certificate for all pilots certification. These competencies acquired while engaged in other operating in part 121. This requirement include crew coordination, checklist/ commercial aviation activities such as briefing items, low energy states/stalls, flight instruction or part 135 operations codifies the Congressionally-mandated and adverse weather conditions, on the way to obtaining the ATP 1,500 hours flight time required for an including icing, thunderstorms, and certificate. Moreover, minimums for ATP certificate, but will allow an R– crosswinds with gusts. The course multiengine time vary among airlines ATP certificate to be held by (a) military topics will be incorporated into the ATP from 50 hours to as much as 1,500 pilots with 750 hours of flight knowledge test. In addition to applying hours.34 experience and (b) graduates of four- to all pilots in part 121 operations, this The FAA also estimates as minimal year or two-year degree programs with requirement will apply to PICs in part the costs of the requirement that a part aviation majors who obtain their 135 operations that require an ATP 121 SIC have 1,000 hours of air carrier commercial pilot certificate with certificate, and PICs in part 91, subpart operating experience before upgrade instrument rating from an affiliated part K, Fractional Ownership Operations, from SIC to PIC. According to a 2010 141 pilot school. To be eligible for an R– which require the PIC to hold an ATP FAA survey of industry, the average ATP, graduates of a four-year program certificate. number of years to upgrade is about five will be required to have 1,000 hours of 4. An aircraft type rating for all SICs years for regional airlines and more than flight experience, while graduates of a serving in part 121 operations. The FOQ ten years for major airlines. Even two-year program will be required to ARC made the same recommendation without air carrier operating experience have 1,250 hours of flight experience. and this requirement responds to the in part 135 or part 91, subpart K a. The R–ATP certificate will allow a objectives of section 216 of the Act, operations, at an average number of 750 pilot to serve in part 121 air carrier which requires the Administrator to flight hours a year, an SIC will operations as an SIC only. With an R– determine the appropriate multiengine accumulate the required hours in less ATP certificate, however, part 121 SICs airplane flight experience for pilot than one and a half years. need only hold a second class medical flightcrew members. Currently only Compliance Cost by Part 121 Operators certificate, not the first class medical PICs in part 121 operations, and SICs in certificate that is the requirement for flag or supplemental operations Table 5 shows the cost of the final PICs. requiring three or more pilots, are rule for the part 121 operators. Costs of b. The minimum age for an R–ATP required to hold an aircraft type rating. the ATP CTP are allocated between the certificate will be reduced to 21 years.32 The FAA has determined that requiring regional airlines and the major/cargo The current age requirement for an ATP aircraft type ratings for all pilots in part airlines by the percentage of pilots certificate will remain at 23 years. 121 operations will improve safety by employed by the two airlines (Nov. 2010 2. A minimum of 50 hours of further exposing pilots to an advanced part 121 pilots, 78,258: Regionals— multiengine flight experience. This multiengine aircraft and a multicrew 20,565 [26.3%], Major/cargo airlines— requirement will apply not just to pilots environment. Also the provision for an 57,693 [73.7%]). serving in part 121 operations, but to all airplane type rating requires a pilot who As explained in the regulatory pilots who apply for an ATP certificate serves as SIC to be tested to the same evaluation, the FAA expects that the with an airplane category multiengine standard as the PIC and to demonstrate compliance cost of the ATP CTP for part class rating.33 This will include PICs in proficiency in difficult operational 121 air carriers will fall heavily, if not part 135 operations that require an ATP conditions, including adverse weather exclusively, on the regional airlines. So certificate, and PICs in part 91, subpart and high altitude operations. in assessing the economic impact on K, Fractional Ownership Programs, 5. A minimum of 1,000 hours in air small regional airlines, we assume the which require the PIC to hold an ATP carrier operations to serve as PIC in part entire ATP CTP costs fall on regional certificate. 121 operations. Under the final rule, airlines. But in order to assess the 3. An ATP Certification Training SICs must accumulate 1,000 flight hours economic impact on small cargo Program for applicants for an ATP in air carrier operations before becoming airlines, we assume the impact is certificate with an airplane category eligible for upgrade to PIC. Without the proportional to the number of pilots. We multiengine class rating or an ATP 1,000-hour requirement, SICs with an do the same with the type rating costs, certificate obtained concurrently with unrestricted ATP certificate would be although the magnitudes are small an aircraft type rating. This is a eligible to upgrade to PIC as soon as compared to the ATP CTP costs. foundational course that will include they attain 1,500 flight hours, regardless Economic Impact on Small Entities academic study as well as flight training of their experience. The 1,000-hour in FSTDs to meet the Act’s requirements requirement will ensure that a pilot will In order to assess the economic that pilots have the necessary training have at least one full year of relevant impact of this final rule on small firms, and experience discussed previously to operational experience before upgrading we allocate annualized costs to small function effectively in an air carrier to PIC. The final rule allows a pilot to firms based on the number of affected environment. The course will provide count PIC time in part 135 operations pilots and measure the economic impact training necessary to overcome the that require an ATP and in part 91, on small firms by each firms’ knowledge gap (between the subpart K, operations, as well as SIC annualized costs as a percentage of their commercial pilot certificate and the time in part 121 operations. Pilots with average 5-year, 2005–2009 operating experience as PICs in military transport revenues.35 While the economic burden 32 This is a change from the NPRM that will allow operations will be allowed to count up pilots of age 21 or 22, with 1,500 hours flight time, to 500 hours of such experience as well. 34 Kit Darby, President, www.KitDarby.com, to obtain the R–ATP certificate. The FAA estimates that cost will be Aviation Consulting, LLC, Peachtree City, GA. 33 The rule applies to the airplane class, so 35 Operating Revenue—www.transtat.bts.gov, Air applicants for an ATP certificate with single-engine minimal for the requirement of 50 hours Carrier Financial Reports (Form 41 Financial Data), class rating will be required to have 50 hours of of multiengine time for the ATP Schedules P1.1 & P1.2. We average for as many of single-engine time. certificate with an airplane category the five years of data as is available. Operating

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of this rule will have a disproportionate multiplied by the total annualized cost, Uruguay Round Agreements Act (Pub. impact on small entities, the compliance $11.51 million for part 121 operators, L. 103–465), prohibits Federal agencies cost will not result in a significant $0.897 million for part 135 operators, from establishing standards or engaging economic cost on small entities. This and $0.394 million for part 91, subpart in related activities that create analysis measures the economic impact K operators. These annualized costs are unnecessary obstacles to the foreign on small entities in a two-step process. based on the present value training costs commerce of the United States. All of the compliance costs are training (and type rating costs for part 121 Pursuant to these Acts, the costs for new pilots (plus type rating operators) calculated in the regulatory establishment of standards is not costs for part 121 operators). Again, the evaluation. considered an unnecessary obstacle to Congressional mandate that all pilots While Table 7 provides economic the foreign commerce of the United have an ATP certificate is self-enacting impact estimates for many operators, a States, so long as the standard has a and not an FAA requirement. Thus the generic estimate more simply makes the legitimate domestic objective, such the 1,500 hour requirement costs are not point that the compliance costs of this protection of safety, and does not included in these compliance costs. rule do not create a significant economic operate in a manner that excludes While the FAA believes the annual impact per operator. In general, the imports that meet this objective. The estimates of new pilots are reasonably annual number of new pilots per statute also requires consideration of accurate for the part 121, part 135, or operator is substantially less than 10 international standards and, where part 91 subpart K industry, we do not percent of the operator’s total pilots. For appropriate, that they be the basis for know the turnover per operator. The this case, an operator with a 100 pilots U.S. standards. The FAA has assessed annual new pilot hires per operator are will have no more than 10 new pilots the potential effect of this final rule and estimated as a percentage of total per year. With training costs of $3,300 determined that it would have only a industry pilots (part 121, part 135, or per pilot the annual training cost is less domestic impact and therefore would par 91 subpart K) multiplied by the than $33,000. As long as the operator not create unnecessary obstacles to the system-wide number of new pilots. The receives operating revenue greater than foreign commerce of the United States. $2 million these costs will be less than estimated new pilot hires for each D. Unfunded Mandates Assessment operator are then multiplied by the 2 percent of annual operating revenue. annualized training cost to obtain the The FAA does not believe costs less Title II of the Unfunded Mandates total annualized cost per operator. than 2 percent of annual operating Reform Act of 1995 (Pub. L. 104–4) The annual training cost is simply the revenue to have a significant economic requires each Federal agency to prepare per-pilot training cost multiplied by the impact. As Table 7 shows the a written statement assessing the effects annual number of newly hired pilots. percentage of annual compliance cost is of any Federal mandate in a proposed or The annualized training cost is less than nearly always less than 0.05 percent and final agency rule that may result in an $3,300 per pilot. This per-pilot training never over 2 percent of annual operating expenditure of $100 million or more cost estimate is $3,242 for a part 121 revenue. (adjusted annually for inflation with the operator and $3,178 for a part 135 The rule will have a disproportionate base year 1995) in any one year by State, operator and also for a part 91 subpart impact on small entities. Given the local, and tribal governments, in the K operator. The higher cost for part 121 Congressional mandate that all pilots aggregate, or by the private sector; such operators is due to the additional type have an ATP certificate and that this a mandate is deemed to be a ‘‘significant rating cost. As a point of reference, the mandate disproportionally affects small regulatory action.’’ The FAA currently average cost per pilot over the 20-year entities, the FAA considered, but had uses an inflation-adjusted value of estimation period of the rule is limited alternatives with which to $143.1 million. Excluding the approximately $4,000 (based on total provide more relief to small operators. Congressionally driven costs, the cost, not present value). Clearly the per- In considering the economic impact of compliance costs of this rule never pilot training cost is not a significant this rule, the FAA created the R–ATP exceed $100 million in any one year. economic impact. certificate based on education credits, This final rule does not contain such an The number of new pilots per year and for pilots with 1,500 flight hours, a unfunded mandate; therefore, the equals the number of retired pilots plus minimum age of 21, instead of age 23. requirements of Title II of the Act do not the additional pilots above the previous This rule imposes only training costs on apply. new pilots and small type rating costs year (net growth). On average the annual E. Paperwork Reduction Act number of new pilots is 3,531 for part on part 121 pilots. The compliance 121; 282 for part 135; and 124 for part period for the type rating requirement Title: Pilot Certification and 91, subpart K. The estimated number of for those pilots serving in part 121 by Qualification Requirements for Air new pilots per operator equals the July 31, 2013, has been extended in the Carrier Operations. operator’s current percentage of final rule. As both the per-pilot training This proposal contains the following industry pilots (part 121, part 135, or costs are modest and the annual number new information collection part 91 subpart K) 36 multiplied by the of new pilots is small, the compliance requirements. As required by the total number of new pilots. Table 7 lists cost relative to annual operating Paperwork Reduction Act of 1995 (44 that percentage for many small entities. revenue is always less than 2 percent U.S.C. 3507(d)), the FAA has submitted To calculate the cost per operator, that and almost always less than 0.05 the information requirements associated percentage per operator is then percent. Therefore, as the FAA with this proposal to the Office of Administrator, I certify that this final Management and Budget for its review. The Office of Management and Budget revenue for Great Lakes Aviation is from its SEC rule will not have a significant 10–K filing. Operating revenues for part 91 subpart economic impact on a substantial approved these new information K air carriers is from the CLEAR database and is for number of small entities. collection requirements associated with 2011. this final rule and assigned OMB 36 For part 121 operations since regional airlines C. International Trade Impact Control Number 2120–0755. and major/cargo airlines are analyzed separately, Assessment operator pilot percentages are calculated with Summary: The paperwork burden is respect to the total number of pilots in the relevant The Trade Agreements Act of 1979 comprised of two areas. First, this final group. (Pub. L. 96–39), as amended by the rule amends the requirements for

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obtaining an airline transport pilot adequately trained on the knowledge Salary of an aviation safety inspector (ATP) certificate by requiring pilot and skills they need to function in a = $61.50 applicants for an ATP certificate with an multicrew environment in a variety of First-Year Cost (2014) airplane category multiengine class operating conditions. The requirement Cost: 20 × 44 × $61.50 = $54,120 rating or an ATP certificate obtained to submit the ATP Certification Training Time: 20 × 44 = 880 hours concurrently with an airplane type Program curriculum to the FAA for Subsequent Years: Per-Year Costs rating to complete a new ATP approval will provide greater oversight Cost: 1 × 44 × $61.50 = $2,706 Certification Training Program. Any part of the training programs and ensure Time: 1 × 44 = 44 hours 142 training center, part 141 pilot consistency of both course and Total Over 20 Years (2013–2032) school, or air carrier wishing to offer the instructional quality among the training Cost: $54,120 + (18 × $2,706) = new training program would be required centers, pilot schools, and air carriers. $102,828 to submit the curriculum to the FAA for Part 121, 135, 141, or 142 certificate Time: 880 + (18 × 44) = 1,672 hours approval. holders that wish to offer or provide the Average per Year In addition, the final rule provides a ATP Certification Training Program are Cost: $102,828/20 = $5,141 method for an institution of higher required to develop and submit a course Time: 1,672/20 = 83.6 hours education to seek the authority to certify for approval by the FAA. For those that FAA Approval Letter Costs its graduates of a degree program with provide this training, additional pilot an aviation major to apply for a training record keeping would also be Initial number of certificate holders restricted privileges ATP certificate. The required. requesting ATP CTP approval = 20 final rule will require the institution to Time needed to issue the approval hold a part 141 pilot school certificate Industry ATP CTP Development Costs letter = 0.5 hours from the FAA to provide pilot training Initial number of certificate holders Salary of clerk/secretary = $24.67 within the degree program(s) listed in offering the ATP CTP = 20 First-Year Cost (2014) their letter of authorization. The Cost: 20 × 0.5 × $24.67 = $246.70 Time needed to develop the ATP CTP × institution of higher education seeking = 120 hours Time: 20 0.5 = 10 hours this authority will be required to submit Subsequent Years: Per-Year Costs Salary of a ground instructor = $32.55 × × an application on a new form that was 37 Cost: 1 0.5 $24.67 = $12.34 First-Year Cost (2014) × developed for this purpose. Cost: 20 × 120 × $32.55 = $78,120 Time: 1 0.5 = 0.5 hours Public Comments: With regard to the Time: 20 × 120 = 2,400 hours Total Over 20 Years (2013–2032) FAA’s paperwork estimates, NAFI was Cost: $246.70 + (18 × $12.34) = $469 Subsequent Years: Per-Year Costs × the only commenter. Their comment Cost: 1 × 120 × $32.55 = $3,906 Time: 10 + (18 0.5) = 19 hours stated—without providing specific Time: 1 × 120 = 120 hours Average per Year details—that ‘‘the accuracy of the Total Costs Over 20 Years (2013–2032) Cost: $469/20 = $23 agency’s estimate of the burden is Cost: $78,120 + (18 × $3,906) = Time: 19/20 = 0.95 hours significantly lacking in areas of $148,428 The information collection for the consideration that have been included, Time: 2,400 + (18 × 120) = 4,560 hours authority to certify graduates of a degree representative estimates of costs, and Average per Year program in an aviation major will the effects that will result from the Cost: $148,428/20 = $7,421 ensure pilots who seek eligibility for a proposed changes.’’ NAFI added that it Time: 4,560/20 = 228 hours restricted privileges ATP certificate was unaware of any data that has been based on academic training at an developed that accurately allows for Industry Record Keeping Costs institution of higher education have the proper costing of these effects and Initial number of ATP certificate option to complete aviation coursework recommended ‘‘that this data be sought applicants = 3,731 designed to improve and enhance the prior to any long term changes in order Time needed for record keeping per knowledge and skills of a person to more accurately study and make pilot = 0.1 hours seeking a career as a professional pilot. decisions regarding proposed changes.’’ Salary of a ground instructor = $32.55 Institutions of higher education who Without additional detail from the First-Year Cost (2014) seek the authority to certify its graduates commenter, the FAA is uncertain how Cost: 3,731 × 0.1 × $32.55 = $12,145 of a degree program with an aviation to respond to NAFI’s concerns regarding Time: 3,731 × 0.1 = 373 hours major to apply for a restricted privileges the accuracy of its estimates. The FAA Subsequent Years Costs (assume 0.6% ATP certificate are required to submit believes that the estimates in the NPRM annual growth rate) the necessary information about the accurately reflected the paperwork Cost: $231,501 degree program(s), including aviation burden of the proposal. Time: 7,112 hours and aviation-related coursework, in Notwithstanding, the FAA has Total Costs Over 20 Years (2013–2032) order to obtain the authority to certify reevaluated the paperwork burden of Cost: $12,145 + $231,501 = $243,646 a graduate has met the restricted the final rule and has made some Time: 373 + 7,112 = 7,485 hours privileges ATP certificate requirements adjustments to the ATP CTP paperwork Average per Year established in this final rule. costs. In addition, the FAA has added Cost: $243,646/20 = $12,182 Institution of Higher Education additional paperwork costs for Time: 7,485/20 = 374 hours institutions of higher education who Application Costs seek the authority to certify its graduates FAA ATP CTP Review Costs Initial number of institutions of of a degree program with an aviation Initial number of certificate holders higher education applying for the major to apply for a restricted privileges requesting ATP CTP approval = 20 authority to certify graduates = 150 ATP certificate by requiring them to Time needed to review the ATP CTP Time needed to complete the submit an application. for initial and final approval = 44 application = 8 hours Use of: The information collection for hours College professor hourly wage = the ATP Certification Training Program $53.33 will ensure pilots seeking employment 37 For 2013 there are no Paperwork Reduction Act First-Year Cost (2013) in an air carrier environment are costs for the ATP CTP. All costs begin in 2014. Cost: 150 × 8 × $53.33 = $63,966

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Time: 150 × 8 = 1,200 hours unrestricted ATP certificates. This pilot VI. How To Obtain Additional Subsequent Years: Per-Year Costs in command restriction will be reflected Information Cost: 1 × 8 × $53.33 = $427 on the pilot’s certificate. The experience A. Rulemaking Documents Time: 1 × 8 = 8 hours and qualifications of the pilots who Total Over 20 Years (2013–2032) hold restricted privileges ATP An electronic copy of a rulemaking × Cost: $63,966 + (19 $427) = $72,109 certificates will exceed the ICAO document may be obtained by using the × Time: 1,200 + (19 8) = 1,352 hours standards for second-in-command. Internet— Average per Year 1. Search the Federal eRulemaking Cost: $72,109/20 = $3,605 The FAA also notes certain long- Portal (http://www.regulations.gov); Time: 1,352/20 = 68 hours standing U.S. differences on file with 2. Visit the FAA’s Regulations and certain ICAO Medical Assessment Policies Web page at http:// Review of Transcripts Costs standards continue to apply under this www.faa.gov/regulations_policies/ or Initial number of graduates = 648 action. Although this rule permits SICs 3. Access the Government Printing Time needed to review a graduate’s in part 121 to hold only a second-class Office’s Web page at http:// transcript = 0.5 hours medical certificate, those SICs who www.gpoaccess.gov/fr/index.html. Academic advisor hourly wage = serve in international operations will Copies may also be obtained by $53.33 need to obtain an FAA first-class sending a request (identified by notice, First-Year Cost (2013) medical certificate to compensate for the amendment, or docket number of this Cost: 648 × 0.5 × $53.33 = $17,279 electrocardiography difference between rulemaking) to the Federal Aviation Time: 648 × 0.5 = 324 hours a first class medical certificate and a Administration, Office of Rulemaking, Subsequent Years Costs (assume 0.6% second class medical certificate. As ARM–1, 800 Independence Avenue annual growth rate) such, U.S. pilots who fly internationally SW., Washington, DC 20591, or by Cost: $348,696 must continue to comply with this calling (202) 267–9680. Time: 6,538 hours international aviation standard. B. Comments Submitted to the Docket Total Over 20 Years (2013–2032) Cost: $17,279 + $348,696 = $365,973 G. Environmental Analysis Comments received may be viewed by Time: 324 + 6,538 = 6,862 hours going to http://www.regulations.gov and Average per-Year FAA Order 1050.1E identifies FAA following the online instructions to Cost: $365,973/20 = $18,299 actions that are categorically excluded search the docket number for this Time: 6,862/20 = 343 hours from preparation of an environmental action. Anyone is able to search the assessment or environmental impact electronic form of all comments FAA Review of Application Costs statement under the National received into any of the FAA’s dockets Initial number of applications to Environmental Policy Act in the by the name of the individual review = 150 absence of extraordinary circumstances. submitting the comment (or signing the Time needed to review the The FAA has determined this comment, if submitted on behalf of an application = 6 hours rulemaking action qualifies for the association, business, labor union, etc.). Salary of an aviation safety inspector categorical exclusion identified in C. Small Business Regulatory = $61.50 paragraph 308(c) and involves no Enforcement Fairness Act First-Year Cost (2013) extraordinary circumstances. Cost: 150 × 6 × $61.50 = $55,350 The Small Business Regulatory Time: 150 × 6 = 900 hours V. Executive Order Determinations Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with Subsequent Years: Per-Year Costs A. Executive Order 13132, Federalism Cost: 1 × 6 × $61.50 = $369 small entity requests for information or Time: 1 × 6 = 6 hours The FAA has analyzed this final rule advice about compliance with statutes Total Over 20 Years (2013–2032) under the principles and criteria of and regulations within its jurisdiction. Cost: $55,350 + (19 × $369) = $62,361 Executive Order 13132, Federalism. The A small entity with questions regarding Time: 900 + (19 × 6) = 1,014 hours agency determined that this action will this document, may contact its local Average per Year not have a substantial direct effect on FAA official, or the person listed under Cost: $62,361/20 = $3,118 the States, or the relationship between the FOR FURTHER INFORMATION CONTACT Time: 1,014/20 = 51 hours the Federal Government and the States, heading at the beginning of the preamble. To find out more about F. International Compatibility or on the distribution of power and SBREFA on the Internet, visit http:// responsibilities among the various _ In keeping with U.S. obligations levels of government, and, therefore, www.faa.gov/regulations policies/ under the Convention on International _ does not have Federalism implications. rulemaking/sbre act/. Civil Aviation, it is FAA policy to conform to International Civil Aviation B. Executive Order 13211, Regulations List of Subjects Organization (ICAO) Standards and that Significantly Affect Energy Supply, 14 CFR Part 61 Recommended Practices to the Distribution, or Use Aircraft, Airmen, Aviation safety. maximum extent practicable. The FAA has reviewed the corresponding ICAO The FAA analyzed this final rule 14 CFR Part 121 under Executive Order 13211, Actions Standards and Recommended Practices Air carriers, Aircraft, Airmen, Concerning Regulations that and has identified the following Aviation safety. differences. Significantly Affect Energy Supply, The FAA notes that, although pilots Distribution, or Use (May 18, 2001). The 14 CFR Part 135 will be able to obtain a restricted agency has determined that it is not a Air taxis, Aircraft, Airmen, Aviation privileges ATP certificate in fewer than ‘‘significant energy action’’ under the safety. the ICAO standard of 1,500 hours, those executive order and it is not likely to pilots will not have the pilot in have a significant adverse effect on the 14 CFR Part 141 command privileges of pilots who hold supply, distribution, or use of energy. Airmen, Educational facilities.

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14 CFR Part 142 (except for a rotorcraft category rating), navigation systems to navigate to the Airmen, Educational facilities. for a private pilot certificate (except for landing point. a powered parachute category rating), a (vi) For the purpose of meeting the The Amendment commercial pilot certificate, or an aeronautical experience requirements In consideration of the foregoing, the instrument rating, or for the purpose of for an airline transport pilot certificate Federal Aviation Administration exercising recreational pilot privileges (except with a rotorcraft category amends Chapter I of Title 14, Code of (except in a rotorcraft) under § 61.101 rating), time acquired during a flight— Federal Regulations, as follows: (c), time acquired during a flight— (A) Conducted in an appropriate (A) Conducted in an appropriate aircraft; PART 61—CERTIFICATION: PILOTS, aircraft; (B) That is at least a straight-line FLIGHT INSTRUCTORS, AND GROUND (B) That includes a point of landing distance of more than 50 nautical miles INSTRUCTORS that was at least a straight-line distance from the original point of departure; and of more than 50 nautical miles from the (C) That involves the use of dead ■ 1. The authority citation for part 61 is original point of departure; and reckoning, pilotage, electronic revised to read as follows: (C) That involves the use of dead navigation aids, radio aids, or other reckoning, pilotage, electronic navigation systems. Authority: 49 U.S.C. 106(f), 106(g), 40113, (vii) For a military pilot who qualifies 44701–44703, 44707, 44709–44711, 45102– navigation aids, radio aids, or other for a commercial pilot certificate (except 45103, 45301–45302. navigation systems to navigate to the with a rotorcraft category rating) under landing point. ■ 2. Amend § 61.1 as follows: § 61.73 of this part, time acquired ■ (iii) For the purpose of meeting the A. Remove paragraph designations during a flight— (b)(1) through (b)(19); aeronautical experience requirements (A) Conducted in an appropriate ■ B. Add new definitions of Accredited, for a sport pilot certificate (except for aircraft; Institution of higher education, and powered parachute privileges), time (B) That is at least a straight-line Nationally recognized accrediting acquired during a flight conducted in an distance of more than 50 nautical miles agency to paragraph (b) in alphabetical appropriate aircraft that— from the original point of departure; and order; (A) Includes a point of landing at least (C) That involves the use of dead ■ C. Revise paragraph (iii) of the a straight line distance of more than 25 reckoning, pilotage, electronic definition of Authorized instructor in nautical miles from the original point of navigation aids, radio aids, or other paragraph (b); departure; and navigation systems. ■ D. Revise the definition of Cross (B) Involves, as applicable, the use of * * * * * country time; and dead reckoning; pilotage; electronic Institution of higher education has the ■ E. Remove definitions of Flight navigation aids; radio aids; or other same meaning as defined by the simulator and Flight training device. navigation systems to navigate to the Department of Education in 34 CFR The additions and revisions read as landing point. 600.4. follows: (iv) For the purpose of meeting the * * * * * aeronautical experience requirements Nationally recognized accrediting § 61.1 Applicability and definitions. for a sport pilot certificate with powered agency has the same meaning as defined * * * * * parachute privileges or a private pilot by the Department of Education in 34 (b) * * * certificate with a powered parachute CFR 600.2. Accredited has the same meaning as category rating, time acquired during a defined by the Department of Education flight conducted in an appropriate * * * * * in 34 CFR 600.2. aircraft that— ■ 3. Amend § 61.23 as follows: * * * * * (A) Includes a point of landing at least ■ A. Revise paragraphs (a)(1) and (a)(2); Authorized instructor means— a straight line distance of more than 15 ■ B. Revise paragraphs (d)(1)(i) and (ii) * * * * * nautical miles from the original point of and (d)(2)(i). (iii) A person authorized by the departure; and The additions and revisions read as Administrator to provide ground (B) Involves, as applicable, the use of follows: training or flight training under part 61, dead reckoning; pilotage; electronic § 61.23 Medical certificates: Requirement 121, 135, or 142 of this chapter when navigation aids; radio aids; or other and duration. conducting ground training or flight navigation systems to navigate to the (a) * * * training in accordance with that landing point. (1) Must hold a first-class medical authority. (v) For the purpose of meeting the certificate: Cross-country time means— aeronautical experience requirements (i) When exercising the pilot-in- (i) Except as provided in paragraphs for any pilot certificate with a rotorcraft command privileges of an airline (ii) through (vi) of this definition, time category rating or an instrument- transport pilot certificate; acquired during flight— helicopter rating, or for the purpose of (ii) When exercising the second-in- (A) Conducted by a person who holds exercising recreational pilot privileges, command privileges of an airline a pilot certificate; in a rotorcraft, under § 61.101(c), time transport pilot certificate in a flag or (B) Conducted in an aircraft; acquired during a flight— supplemental operation in part 121 of (C) That includes a landing at a point (A) Conducted in an appropriate this chapter that requires three or more other than the point of departure; and aircraft; pilots; or (D) That involves the use of dead (B) That includes a point of landing (iii) When serving as a required pilot reckoning, pilotage, electronic that was at least a straight-line distance flightcrew member in an operation navigation aids, radio aids, or other of more than 25 nautical miles from the conducted under part 121 of this navigation systems to navigate to the original point of departure; and chapter if the pilot has reached his or landing point. (C) That involves the use of dead her 60th birthday. (ii) For the purpose of meeting the reckoning, pilotage, electronic (2) Must hold at least a second class aeronautical experience requirements navigation aids, radio aids, or other medical certificate when exercising:

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(i) Second-in-command privileges of (ii) Privileges of a commercial pilot (d) Duration of a medical certificate. an airline transport pilot certificate in certificate; or Use the following table to determine part 121 of this chapter (other than * * * * * duration for each class of medical operations specified in paragraph certificate: (a)(1)(ii) of this section); or

And on the date of ex- amination for your And you are conducting an operation requir- Then your medical certificate expires, for that If you hold most recent medical ing operation, at the end of the last day of the certificate you were

(1) A first-class medical (i) Under age 40 ...... an airline transport pilot certificate for pilot-in- 12th month after the month of the date of ex- certificate. command privileges, or for second-in-com- amination shown on the medical certificate. mand privileges in a flag or supplemental operation in part 121 requiring three or more pilots. (ii) Age 40 or older ..... an airline transport pilot certificate for pilot-in- 6th month after the month of the date of ex- command privileges, for second-in-com- amination shown on the medical certificate. mand privileges in a flag or supplemental operation in part 121 requiring three or more pilots, or for a pilot flightcrew member in part 121 operations who has reached his or her 60th birthday..

******* (2) A second-class (i) Any age ...... an airline transport pilot certificate for second- 12th month after the month of the date of ex- medical certificate. in-command privileges (other than the op- amination shown on the medical certificate. erations specified in paragraph (d)(1) of this section), a commercial pilot certificate, or an air traffic control tower operator cer- tificate.

*******

■ 4. Amend § 61.35 by removing the ■ 5. Amend § 61.39 to revise paragraphs (5) Meet the prescribed age word ‘‘and’’ at the end of paragraph (a) and (b); redesignate paragraphs (c) requirement of this part for the issuance (a)(1), redesignating paragraph (a)(2) as through (e) as paragraphs (e) through (g); of the certificate or rating sought; paragraph (a)(3), adding a new and add paragraphs (c) and (d) to read (6) Have an endorsement, if required paragraph (a)(2), and revising as follows: by this part, in the applicant’s logbook redesignated paragraph (a)(3)(iii) to read or training record that has been signed as follows: § 61.39 Prerequisites for practical tests. by an authorized instructor who (a) Except as provided in paragraphs certifies that the applicant— § 61.35 Knowledge test: Prerequisites and (b), (c), and (e) of this section, to be (i) Has received and logged training passing grades. eligible for a practical test for a time within 2 calendar months (a) * * * certificate or rating issued under this preceding the month of application in (2) After July 31, 2014, for the part, an applicant must: preparation for the practical test; knowledge test for an airline transport (1) Pass the required knowledge test: (ii) Is prepared for the required pilot certificate with an airplane (i) Within the 24-calendar-month practical test; and category multiengine class rating, a period preceding the month the (iii) Has demonstrated satisfactory graduation certificate for the airline applicant completes the practical test, if knowledge of the subject areas in which transport pilot certification training a knowledge test is required; or the applicant was deficient on the program specified in § 61.156; and (ii) Within the 60-calendar month airman knowledge test; and (3) * * * period preceding the month the (7) Have a completed and signed (iii) Date of birth, which shows: applicant completes the practical for application form. (A) For issuance of certificates other those applicants who pass the (b) An applicant for an airline than the ATP certificate with an knowledge test after completing the transport pilot certificate with an airplane category multiengine class airline transport pilot certification airplane category multiengine class rating, the applicant meets or will meet training program in § 61.156; rating or an airline transport pilot the age requirements of this part for the (2) Present the knowledge test report certificate with an airplane type rating certificate sought before the expiration at the time of application for the may take the practical test with an date of the airman knowledge test practical test, if a knowledge test is expired knowledge test only if the report; and required; applicant passed the knowledge test (B) For issuance of an ATP certificate (3) Have satisfactorily accomplished after July 31, 2014, and is employed: with an airplane category multiengine the required training and obtained the (1) As a flightcrew member by a part class rating obtained under the aeronautical experience prescribed by 119 certificate holder conducting aeronautical experience requirements of this part for the certificate or rating operations under parts 125 or 135 of this § 61.159 or § 61.160, the applicant is at sought; chapter at the time of the practical test least 18 years of age at the time of the (4) Hold at least a third-class medical and has satisfactorily accomplished that knowledge test; certificate, if a medical certificate is operator’s approved pilot-in-command * * * * * required; training or checking program; or

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(2) As a flightcrew member by a part phrase ‘‘part 121,’’ from paragraph (e) and areas of operation requirements of 119 certificate holder conducting introductory text to read as follows: this part. operations under part 121 of this ■ § 61.55 Second-in-command 9. Amend § 61.153 as follows: chapter at the time of the practical test ■ qualifications. A. Revise paragraph (a); and has satisfactorily accomplished that ■ B. Redesignate paragraphs (e) through operator’s approved initial training (a) * * * (h) as paragraphs (f) through (i); and program; or (3) At least a pilot type rating for the ■ C. Add a new paragraph (e). (3) By the U.S. Armed Forces as a aircraft being flown unless the flight The addition and revisions read as flight crewmember in U.S. military air will be conducted as domestic flight follows: transport operations at the time of the operations within the United States practical test and has completed the airspace. § 61.153 Eligibility requirements: General. pilot in command aircraft qualification * * * * * * * * * * training program that is appropriate to ■ 7. Amend § 61.57 by revising (a) Meet the following age the pilot certificate and rating sought. paragraph (e)(2) to read as follows: requirements: (c) An applicant for an airline (1) For an airline transport pilot transport pilot certificate with a rating § 61.57 Recent flight experience: Pilot in certificate obtained under the other than those ratings set forth in command. aeronautical experience requirements of paragraph (b) of this section may take * * * * * §§ 61.159, 61.161, or 61.163, be at least the practical test for that certificate or (e) * * * 23 years of age; or rating with an expired knowledge test (2) This section does not apply to a (2) For an airline transport pilot report, provided that the applicant is pilot in command who is employed by certificate obtained under the employed: an air carrier certificated under part 121 aeronautical experience requirements of (1) As a flightcrew member by a part or 135 and is engaged in a flight § 61.160, be at least 21 years of age. 119 certificate holder conducting operation under part 91, 121, or 135 for * * * * * operations under parts 125 or 135 of this that air carrier if the pilot is in (e) After July 31, 2014, for an airline chapter at the time of the practical test compliance with §§ 121.435 or 121.436, transport pilot certificate with an and has satisfactorily accomplished that as applicable, and § 121.439, or airplane category multiengine class operator’s approved pilot-in-command §§ 135.243 and 135.247 of this chapter, rating or an airline transport pilot training or checking program; or as appropriate. certificate obtained concurrently with (2) By the U.S. Armed Forces as a * * * * * an airplane type rating, receive a flight crewmember in U.S. military air ■ 8. Amend § 61.71 by revising graduation certificate from an transport operations at the time of the paragraphs (b) and (c) to read as follows; authorized training provider certifying practical test and has completed the completion of the airline transport pilot pilot in command aircraft qualification § 61.71 Graduates of an approved training certification training program specified training program that is appropriate to program other than under this part: Special in § 61.156 before applying for the the pilot certificate and rating sought. rules. knowledge test required by paragraph (d) In addition to the requirements in * * * * * (g) of this section; paragraph (a) of this section, to be (b) A person may apply for an airline * * * * * eligible for a practical test for an airline transport pilot certificate, type rating, or ■ transport pilot certificate with an 10. Amend § 61.155 as follows: both under this part, and will be ■ A. Remove the word ‘‘and’’ after the airplane category multiengine class considered to have met the applicable rating or airline transport pilot semicolon in paragraph (c)(12); requirements under § 61.157, except for ■ B. Remove the period from the end of certificate obtained concurrently with the airline transport pilot certification an airplane type rating, an applicant paragraph (c)(13) and add the phrase ‘‘; training program required by § 61.156, and’’ in its place; and must: for that certificate and rating, if that ■ (1) If the applicant passed the C. Add paragraphs (c)(14) and (d). person has: The additions read as follows: knowledge test after July 31, 2014, (1) Satisfactorily accomplished an present the graduation certificate for the approved training program and a § 61.155 Aeronautical knowledge. airline transport pilot certification proficiency check for that airplane type * * * * * training program in § 61.156, at the time that includes all the tasks and (c) * * * of application for the practical test; maneuvers required to serve as pilot in (14) After July 31, 2014, for airplane (2) If applying for the practical test command in accordance with the category multiengine class rating or under the aeronautical experience requirements of subparts N and O of airplane type rating, the content of the requirements of § 61.160(a), the part 121 of this chapter; and airline transport pilot certification applicant must present the documents (2) Applied for an airline transport training program in § 61.156. required by that section to substantiate pilot certificate, type rating, or both (d) An applicant who successfully eligibility; and within the 60-day period from the date completes the knowledge test for an (3) If applying for the practical test the person satisfactorily accomplished airline transport pilot certificate prior to under the aeronautical experience the requirements of paragraph (b)(1) for August 1, 2014, must successfully requirements of § 61.160(b), (c), or (d), that airplane type. complete the practical test within 24 the applicant must present an official (c) A person who holds a foreign pilot months from the month in which the transcript and certifying document from license and is applying for an equivalent knowledge test was successfully an institution of higher education that U.S. pilot certificate on the basis of a completed. An applicant who passes the holds a letter of authorization from the Bilateral Aviation Safety Agreement and knowledge test prior to August 1, 2014, Administrator under § 61.169. associated Implementation Procedures but fails to successfully complete the * * * * * for Licensing may be considered to have practical test within 24 months must ■ 6. Amend § 61.55 by revising met the applicable aeronautical complete the airline transport pilot paragraph (a)(3) and by removing the experience, aeronautical knowledge, certification training program specified

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in § 61.156 and retake the knowledge (iii) Adverse weather conditions, device or aviation training device may test prior to applying for the practical including icing, thunderstorms, and not be used to satisfy this requirement. test. crosswinds with gusts. * * * * * ■ 11. Add § 61.156 to read as follows: (2) The remaining FSTD training may (5) Not more than 100 hours of the be completed in a Level 4 or higher total aeronautical experience § 61.156 Training requirements: Airplane flight simulation training device. The requirements of paragraph (a) of this category—multiengine class rating or training must include the following section may be obtained in a full flight airplane type rating concurrently with areas: simulator or flight training device that airline transport pilot certificate. (i) Navigation including flight represents an airplane, provided the After July 31, 2014, a person who management systems; and aeronautical experience was applies for the knowledge test for an (ii) Automation including autoflight. accomplished as part of an approved airline transport pilot certificate with an (c) Deviation authority. The training course in parts 121, 135, 141, or airplane category multiengine class Administrator may issue deviation 142 of this chapter. rating must present a graduation authority from the weight requirement * * * * * certificate from an authorized training in paragraph (b)(1) of this section upon ■ 14. Add § 61.160 to read as follows: provider under part 121, 135, 141, or a determination that the objectives of 142 of this chapter certifying the the training can be met in an alternative § 61.160 Aeronautical experience— applicant has completed the following device. airplane category restricted privileges. training in a course approved by the ■ 12. Amend § 61.157 by revising (a) Except for a person who has been Administrator. paragraph (c) to read as follows: removed from flying status for lack of (a) Academic training. The applicant proficiency or because of a disciplinary for the knowledge test must receive at § 61.157 Flight proficiency. action involving aircraft operations, a least 30 hours of classroom instruction * * * * * U.S. military pilot or former U.S. that includes the following: (c) Exceptions. A person who applies military pilot may apply for an airline (1) At least 8 hours of instruction on for an aircraft type rating to be added to transport pilot certificate with an aerodynamics including high altitude an airline transport pilot certificate or airplane category multiengine class operations; an aircraft type rating concurrently with rating or an airline transport pilot (2) At least 2 hours of instruction on an airline transport pilot certificate, and certificate concurrently with an airplane meteorology, including adverse weather who is an employee of a certificate type rating with a minimum of 750 phenomena and weather detection holder operating under part 121 or part hours of total time as a pilot if the pilot systems; and 135 of this chapter, does not need to presents: (3) At least 14 hours of instruction on comply with the requirements of (1) An official Form DD–214 air carrier operations, including the paragraph (b) of this section if the (Certificate of Release or Discharge from following areas: applicant presents a training record that Active Duty) indicating that the person (i) Physiology; shows completion of that certificate was honorably discharged from the U.S. (ii) Communications; holder’s approved training program for Armed Forces or an official U.S. Armed (iii) Checklist philosophy; the aircraft type rating. Forces record that shows the pilot is (iv) Operational control; * * * * * currently serving in the U.S. Armed (v) Minimum equipment list/ ■ 13. Amend § 61.159 as follows: Forces; and (2) An official U.S. Armed Forces configuration deviation list; ■ A. Redesignate paragraphs (a)(3) record that shows the person graduated (vi) Ground operations; through (a)(5) as paragraphs (a)(4) from a U.S. Armed Forces (vii) Turbine engines; through (a)(6); undergraduate pilot training school and (viii) Transport category aircraft ■ B. Add a new paragraph (a)(3); ■ C. Remove the phrase ‘‘paragraph received a rating qualification as a performance; military pilot. (ix) Automation, navigation, and (a)(3)(ii)’’ from newly redesignated paragraph (a)(4)(i) and add the phrase (b) A person may apply for an airline flight path warning systems. transport pilot certificate with an (4) At least 6 hours of instruction on ‘‘paragraph (a)(4)(ii)’’ in its place; ■ D. Remove the phrase ‘‘paragraph airplane category multiengine class leadership, professional development, rating or an airline transport pilot crew resource management, and safety (a)(3)’’ from newly redesignated paragraph (a)(4)(ii) and add the phrase certificate concurrently with an airplane culture. type rating with a minimum of 1,000 (b) FSTD training. The applicant for ‘‘paragraph (a)(4)’’ in its place; and ■ E. Revise newly redesignated hours of total time as a pilot if the the knowledge test must receive at least paragraph (a)(5). person: 10 hours of training in a flight The addition and revision read as (1) Holds a Bachelor’s degree with an simulation training device qualified follows aviation major from an institution of under part 60 of this chapter that higher education, as defined in § 61.1, represents a multiengine turbine § 61.159 Aeronautical experience: Airplane that has been issued a letter of airplane. The training must include the category rating. authorization by the Administrator following: (a) * * * under § 61.169; (1) At least 6 hours of training in a (3) 50 hours of flight time in the class (2) Completes 60 semester credit Level C or higher full flight simulator of aircraft for which the rating is sought. hours of aviation and aviation-related qualified under part 60 of this chapter A maximum of 25 hours of training in coursework that has been recognized by that represents a multiengine turbine a full flight simulator representing a the Administrator as coursework airplane with a maximum takeoff weight multiengine airplane may be credited designed to improve and enhance the of 40,000 pounds or greater. The toward the flight time requirement of knowledge and skills of a person training must include the following this paragraph if the training was seeking a career as a professional pilot; areas: accomplished as part of an approved (3) Holds a commercial pilot (i) Low energy states/stalls; training course in parts 121, 135, 141, or certificate with an airplane category and (ii) Upset recovery techniques; and 142 of this chapter. A flight training instrument rating if:

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(i) The required ground training was multiengine class rating or an airline ■ G. Add new paragraph (f); completed as part of an approved part transport pilot certificate concurrently ■ H. Remove the phrase ‘‘paragraphs (a) 141 curriculum at the institution of with an airplane type rating with a through (e)’’ from newly redesignated higher education; and minimum of 1,250 hours of total time as paragraph (g) introductory text and add (ii) The required flight training was a pilot. the phrase ‘‘paragraphs (a) through (f)’’ completed as part of an approved part (e) A person who applies for an in its place; and 141 curriculum at the institution of airline transport pilot certificate under ■ I. Remove the phrase ‘‘paragraph higher education or at a part 141 pilot the total flight times listed in paragraphs (f)(1)’’ from newly redesignated school that has a training agreement (a), (b), and (c) of this section must paragraph (g)(3) and add the phrase under § 141.26 of this chapter with the otherwise meet the aeronautical ‘‘paragraph (g)(1)’’ in its place. institution of higher education; and experience requirements of § 61.159, The revisions and additions read as (4) Presents official transcripts or except that the person may apply for an follows: other documentation acceptable to the airline transport pilot certificate with Administrator from the institution of 200 hours of cross-country flight time. § 61.165 Additional aircraft class category higher education certifying that the (f) A person who has 1,500 hours total and ratings. graduate has satisfied the requirements time as a pilot, 200 hours of cross- * * * * * in paragraphs (b)(1) through (3) of this country flight time, and otherwise meets (c) * * * section. the aeronautical experience (2) After July 31, 2014, successfully (c) A person may apply for an airline requirements of § 61.159 may apply for complete the airline transport pilot transport pilot certificate with an an airline transport pilot certificate certification training program specified airplane category multiengine class under this section. in § 61.156; rating or an airline transport pilot (g) An airline transport pilot (3) Pass a knowledge test for an certificate concurrently with an airplane certificate obtained under this section is airplane category multiengine class type rating with a minimum of 1,250 subject to the pilot in command rating or type rating on the aeronautical hours of total time as a pilot if the limitations set forth in § 61.167(b) and knowledge areas of § 61.155(c); person: must contain the following limitation, * * * * * (1) Holds an Associate’s degree with ‘‘Restricted in accordance with 14 CFR an aviation major from an institution of 61.167.’’ The pilot is entitled to an (5) Meet the aeronautical experience higher education, as defined in § 61.1, airline transport pilot certificate without requirements of § 61.159 or § 61.160; that has been issued a letter of the limitation specified in this and authorization by the Administrator paragraph when the applicant presents * * * * * under § 61.169; satisfactory evidence of having met the (e) Additional class rating within the (2) Completes at least 30 semester aeronautical experience requirements of same aircraft category. Except as credit hours of aviation and aviation- § 61.159 and the age requirement of provided in paragraph (f) of this section, related coursework that has been § 61.153(a)(1). a person applying for an airline recognized by the Administrator as (h) An applicant who meets the transport pilot certificate with an coursework designed to improve and aeronautical experience requirements of additional class rating who holds an enhance the knowledge and skills of a paragraphs (a), (b), (c), and (d) of this airline transport certificate in the same person seeking a career as a professional section is issued an airline transport aircraft category must— pilot; pilot certificate with the limitation, (1) Meet the eligibility requirements (3) Holds a commercial pilot ‘‘Holder does not meet the pilot in of § 61.153, except paragraph (g) of that certificate with an airplane category and command aeronautical experience section; instrument rating if: (i) The required ground training was requirements of ICAO,’’ as prescribed * * * * * completed as part of an approved part under Article 39 of the Convention on (f) Adding a multiengine class rating 141 curriculum at the institution of International Civil Aviation if the or airplane type rating to an airline higher education; and applicant does not meet the ICAO transport pilot certificate with a single (ii) The required flight training was requirements contained in Annex 1 engine class rating. A person applying completed as part of an approved part ‘‘Personnel Licensing’’ to the to add a multiengine class rating or 141 curriculum at the institution of Convention on International Civil airplane type rating to an airline higher education or at a part 141 pilot Aviation. An applicant is entitled to an transport pilot certificate with an school that has a written training airline transport pilot certificate without airplane category single engine class agreement under § 141.26 of this chapter the ICAO limitation specified under this rating must— with the institution of higher education; paragraph when the applicant presents (1) Meet the eligibility requirements and satisfactory evidence of having met the of § 61.153; (4) Presents official transcripts or ICAO requirements and otherwise meets (2) Pass a required knowledge test on other documentation acceptable to the the aeronautical experience the aeronautical knowledge areas of Administrator from the institution of requirements of § 61.159. § 61.155(c), as applicable to multiengine higher education certifying that the ■ 15. Amend § 61.165 as follows: airplanes; ■ graduate has satisfied the requirements A. Redesignate paragraphs (c)(2) (3) Comply with the requirements in in paragraphs (c)(1) through (3) of this through (c)(5) as paragraphs (c)(3) § 61.157(b), if applicable; section. through (c)(6); (4) Meet the applicable aeronautical ■ (d) A graduate of an institution of C. Add new paragraph (c)(2); experience requirements of § 61.159; ■ higher education who completes fewer D. Revise newly redesignated and than 60 semester credit hours but at paragraphs (c)(3) and (c)(5); (5) Pass a practical test on the areas least 30 credit hours and otherwise ■ E. Revise paragraph (e) introductory of operation of § 61.157(e)(2). satisfies the requirements of paragraph text and paragraph (e)(1); (b) may apply for airline transport pilot ■ F. Redesignate paragraph (f) as * * * * * certificate with an airplane category paragraph (g); ■ 16. Revise § 61.167 to read as follows:

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§ 61.167 Airline transport pilot privileges § 61.169 Letters of authorization for (1) Holds an airline transport pilot and limitations. institutions of higher education. certificate with an airplane category (a) Privileges. (1) A person who holds (a) An institution of higher education multiengine class rating; an airline transport pilot certificate is that is accredited, as defined in § 61.1, (2) Has at least 2 years of experience entitled to the same privileges as a may apply for a letter of authorization as a pilot in command in operations person who holds a commercial pilot for the purpose of certifying its conducted under § 91.1053(a)(2)(i) or certificate with an instrument rating. graduates for an airline transport pilot § 135.243(a)(1) of this chapter, or as a (2) A person who holds an airline certificate under the academic and pilot in command or second in transport pilot certificate and has met aeronautical experience requirements in command in any operation conducted the aeronautical experience § 61.160. The application must be in a under this part; requirements of § 61.159 and the age form and manner acceptable to the (3) Except for the holder of a flight requirements of § 61.153(a)(1) of this Administrator. instructor certificate, receives initial part may instruct— (b) An institution of higher education training on the following topics: (i) Other pilots in air transportation must comply with the provisions of the (i) The fundamental principles of the service in aircraft of the category, class, letter of authorization and may not learning process; and type, as applicable, for which the certify a graduate unless it determines (ii) Elements of effective teaching, airline transport pilot is rated and that the graduate has satisfied the instruction methods, and techniques; (iii) Instructor duties, privileges, endorse the logbook or other training requirements of § 61.160, as appropriate. record of the person to whom training responsibilities, and limitations; (c) The Administrator may rescind or (iv) Training policies and procedures; has been given; amend a letter of authorization if the and (ii) In flight simulators, and flight Administrator determines that the (v) Evaluation. training devices representing the aircraft institution of higher education is not (4) If providing training in a flight referenced in paragraph (b)(1) of this complying or is unable to comply with simulation training device, hold an section, when instructing under the the provisions of the letter of aircraft type rating for the aircraft provisions of this section and endorse authorization. represented by the flight simulation the logbook or other training record of training device utilized in the training PART 121—OPERATING the person to whom training has been program and have received training REQUIREMENTS: DOMESTIC, FLAG, given; within the preceding 12 months from AND SUPPLEMENTAL OPERATIONS (iii) Only as provided in this section, the certificate holder on: except that an airline transport pilot (i) Proper operation of flight simulator who also holds a flight instructor ■ 18. The authority citation for part 121 is revised to read as follows: and flight training device controls and certificate can exercise the instructor systems; privileges under subpart H of this part Authority: 49 U.S.C. 106(f), 106(g), 40113, (ii) Proper operation of environmental for which he or she is rated; and 40119, 41706, 44101, 44701–44702, 44705, and fault panels; (iv) In an aircraft, only if the aircraft 44709–44711, 44713, 44716–44717, 44722, (iii) Data and motion limitations of has functioning dual controls, when 46105.2. simulation; instructing under the provisions of this ■ 19. Amend § 121.409 by revising (iv) Minimum equipment section. paragraph (b) introductory text to read requirements for each curriculum; and (3) Excluding briefings and as follows: (v) The maneuvers that will be debriefings, an airline transport pilot demonstrated in the flight simulation may not instruct in aircraft, flight § 121.409 Training courses using airplane training device. simulators, and flight training devices simulators and other training devices. (c) A certificate holder may not issue under this section— * * * * * a graduation certificate to a student (i) For more than 8 hours in any 24- (b) Except for the airline transport unless that student has completed all consecutive-hour period; or pilot certification training program the curriculum requirements of the (ii) For more than 36 hours in any 7- approved to satisfy the requirements of course. consecutive-day period. § 61.156 of this chapter, a course of (d) A certificate holder must conduct (4) An airline transport pilot may not training in an airplane simulator may be evaluations to ensure that training instruct in Category II or Category III included for use as provided in techniques, procedures, and standards operations unless he or she has been § 121.441 if that course— are acceptable to the Administrator. trained and successfully tested under * * * * * ■ 21. Revise § 121.419 to read as Category II or Category III operations, as follows: ■ 20. Add § 121.410 to read as follows: applicable. § 121.419 Pilots and flight engineers: (b) Limitations. A person who holds § 121.410 Airline transport pilot Initial, transition, and upgrade ground an airline transport pilot certificate and certification training program. training. has not satisfied the age requirement of (a) A certificate holder may obtain (a) Except as provided in paragraph § 61.153(a)(1) and the aeronautical approval to establish and implement a (b) of this section, initial, transition, and experience requirements of § 61.159 training program to satisfy the upgrade ground training for pilots and may not: requirements of § 61.156 of this chapter. flight engineers must include (1) Act as pilot in command in The training program must be separate instruction in at least the following as operations conducted under part 121, from the air carrier training program applicable to their assigned duties: § 91.1053(a)(2)(i), or § 135.243(a)(1) of required by this part. (1) General subjects— this chapter, or (b) No certificate holder may use a (i) The certificate holder’s dispatch or (2) Serve as second in command in person nor may any person serve as an flight release procedures; flag or supplemental operations in part instructor in a training program (ii) Principles and methods for 121 of this chapter requiring three or approved to meet the requirements of determining weight and balance, and more pilots. § 61.156 of this chapter unless the runway limitations for takeoff and ■ 17. Add § 61.169 to read as follows: instructor: landing;

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(iii) Enough meteorology to insure a (v) Normal and emergency ■ 23. Add § 121.436 to read as follows: practical knowledge of weather communication procedures; and phenomena, including the principles of (vi) Approved crew resource § 121.436 Pilot Qualification: Certificates and experience requirements. frontal systems, icing, fog, management training. thunderstorms, and high altitude (2) The training required by paragraph (a) No certificate holder may use nor weather situations; (a)(2) of this section for the airplane may any pilot act as pilot in command (iv) Air traffic control systems, type. of an aircraft (or as second in command procedures, and phraseology; (c) Initial ground training for pilots of an aircraft in a flag or supplemental (v) Navigation and the use of and flight engineers must consist of at operation that requires three or more navigation aids, including instrument least the following programmed hours of pilots) unless the pilot: approach procedures; instruction in the required subjects (1) Holds an airline transport pilot (vi) Normal and emergency specified in paragraph (a) of this section certificate not subject to the limitations communication procedures; and in § 121.415(a) unless reduced in § 61.167 of this chapter; (vii) Visual cues prior to and during under § 121.405: (2) Holds an appropriate aircraft type descent below DA/DH or MDA; (1) Group I airplanes— rating for the aircraft being flown; and (viii) Approved crew resource (i) Reciprocating powered, 64 hours; (3) If serving as pilot in command, has management initial training; and and 1,000 hours as second in command in (ix) Other instructions as necessary to (ii) Turbopropeller powered, 80 operations under this part, pilot in ensure competence. hours. command in operations under (2) For each airplane type— (2) Group II airplanes, 120 hours. § 91.1053(a)(2)(i) of this chapter, pilot in (i) A general description; (d) Initial ground training for pilots command in operations under (ii) Performance characteristics; who have completed the airline § 135.243(a)(1) of this chapter, or any (iii) Engines and propellers; transport pilot certification training combination thereof. For those pilots (iv) Major components; program in § 61.156 must consist of at who are employed as pilot in command (v) Major airplane systems (e.g., flight least the following programmed hours of in part 121 operations on July 31, 2013, controls, electrical, hydraulic); other instruction in the required subjects compliance with the requirements of systems as appropriate; principles of specified in paragraph (b) of this section this paragraph (a)(3) is not required. normal, abnormal, and emergency and in § 121.415(a) unless reduced (b) No certificate holder may use nor operations; appropriate procedures and under § 121.405: may any pilot act as second in limitations; (1) Group I airplanes— command unless the pilot holds an (vi) Procedures for— (i) Reciprocating powered, 54 hours; airline transport pilot certificate and an (A) Recognizing and avoiding severe and appropriate aircraft type rating for the weather situations; (ii) Turbopropeller powered, 70 aircraft being flown. A second-in- (B) Escaping from severe weather hours. command type rating obtained under situations, in case of inadvertent (2) Group II airplanes, 110 hours. § 61.55 does not satisfy the requirements encounters, including low-altitude ■ 22. Add § 121.435 to read as follows: of this section. windshear, and (c) For the purpose of satisfying the (C) Operating in or near § 121.435 Pilot qualification: Certificate flight hour requirement in paragraph thunderstorms (including best and experience requirements. (a)(3) of this section, a pilot may credit penetrating altitudes), turbulent air (a) No pilot may act as pilot in 500 hours of military flight time (including clear air turbulence), icing, command of an aircraft (or as second in obtained as pilot in command of a hail, and other potentially hazardous command of an aircraft in a flag or multiengine turbine-powered, fixed- meteorological conditions; supplemental operation that requires wing airplane in an operation requiring (vii) Operating limitations; three or more pilots) unless he holds an more than one pilot. (viii) Fuel consumption and cruise airline transport pilot certificate and an (d) Compliance with the requirements control; appropriate type rating for that aircraft. of this section is required by August 1, (ix) Flight planning; (b) No certificate holder may use nor 2013. However, for those pilots who are (x) Each normal and emergency may any pilot act as a pilot in a capacity employed as second in command in part procedure; and other than those specified in paragraph 121 operations on July 31, 2013, (xi) The approved Airplane Flight (a) of this section unless the pilot holds compliance with the type rating Manual. at least a commercial pilot certificate requirement in paragraph (b) of this (b) Initial ground training for pilots with appropriate category and class section is not required until January 1, who have completed the airline ratings for the aircraft concerned, and an 2016. transport pilot certification training instrument rating. Notwithstanding the program in § 61.156 must include requirements of § 61.63(b) and (c) of this § 121.437 [Removed] instruction in at least the following as chapter, a pilot who is currently ■ 24. Remove § 121.437. applicable to their assigned duties: employed by a certificate holder and ■ 25. Amend § 121.543(b)(3)(i) to read (1) Ground training specific to the meets applicable training requirements as follows: certificate holder’s— of subpart N of this part, and the (i) Dispatch or flight release proficiency check requirements of § 121.543 Flight crewmembers at controls. procedures; § 121.441, may be issued the * * * * * (ii) Method for determining weight appropriate category and class ratings (b) * * * and balance and runway limitations for by presenting proof of compliance with (3) * * * takeoff and landing; those requirements to a Flight Standards (i) In the case of the assigned pilot in (iii) Meteorology hazards applicable District Office. command during the en route cruise to the certificate holder’s areas of (c) The requirements of this section portion of the flight, by a pilot who operation; will expire on July 31, 2013. After that holds an airline transport pilot (iv) Approved departure, arrival, and date, the requirements of § 121.436 certificate not subject to the limitations approach procedures; apply. in § 61.167 of this chapter and an

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appropriate type rating, is currently (ii) Elements of effective teaching, training, testing, and checking for pilot qualified as pilot in command or second instruction methods, and techniques; schools certificated under this part and in command, and is qualified as pilot in (iii) Instructor duties, privileges, is considered to meet the requirements command of that aircraft during the en responsibilities, and limitations; of this part, provided— route cruise portion of the flight. A (iv) Training policies and procedures; (1) There is a training agreement second in command qualified to act as and between the certificated training center a pilot in command en route need not (v) Evaluation. and the pilot school; have completed the following pilot in (4) If providing training in a flight (2) The training, testing, and checking command requirements: The 6-month simulation training device, holds an provided by the certificated training recurrent flight training required by aircraft type rating for the aircraft center is approved and conducted under § 121.433(c)(1)(iii); the operating represented by the flight simulation part 142; experience required by § 121.434; the training device utilized in the training (3) The pilot school certificated under takeoffs and landings required by program and have received training and this part obtains the Administrator’s § 121.439; the line check required by evaluation within the preceding 12 approval for a training course outline § 121.440; and the 6-month proficiency months from the certificate holder on: that includes the training, testing, and (i) Proper operation of flight simulator check or simulator training required by checking to be conducted under this and flight training device controls and § 121.441(a)(1); and part and the training, testing, and systems; * * * * * checking to be conducted under part (ii) Proper operation of environmental 142; and Appendix H to Part 121 [Amended] and fault panels; (4) Upon completion of the training, ■ 26. Amend Appendix H to Part 121 by (iii) Data and motion limitations of simulation; testing, and checking conducted under removing the reference ‘‘§ 61.153(g)’’ part 142, a copy of each student’s from the last paragraph of the appendix (iv) Minimum equipment requirements for each curriculum; and training record is forwarded to the part and adding the reference ‘‘§ 61.153(h)’’ 141 school and becomes part of the in its place. (v) The maneuvers that will be demonstrated in the flight simulation student’s permanent training record. PART 135—OPERATING training device. (b) A pilot school that provides flight REQUIREMENTS: COMMUTER AND (c) A certificate holder may not issue training for an institution of higher ON DEMAND OPERATIONS AND a graduation certificate to a student education that holds a letter of RULES GOVERNING PERSON unless that student has completed all authorization under § 61.169 of this ONBOARD SUCH AIRCRAFT the curriculum requirements of the chapter must have a training agreement course. with that institution of higher ■ 27. The authority citation for part 135 (d) A certificate holder must conduct education. evaluations to ensure that training is revised to read as follows: ■ techniques, procedures, and standards 33. Amend § 141.33 by adding Authority: 49 U.S.C. 106(f), 106(g), 41706, paragraph (a)(4) to read as follows: 40113, 44701–44702, 44705, 44709, 44711– are acceptable to the Administrator. 44713, 44715–44717, 44722, 45101–45105. ■ 29. Amend § 135.341 by adding a § 141.33 Personnel. sentence to the end of paragraph (a) to ■ 28. Add § 135.336 to read as follows: (a) * * * read as follows: (4) In addition to meeting the § 135.336 Airline transport pilot requirements of paragraph (a)(3) of this certification training program. § 135.341 Pilot and flight attendant crewmember training programs. section, each instructor used for the (a) A certificate holder may obtain (a) * * * This deviation authority airline transport pilot certification approval to establish and implement a does not extend to the training provided training program in § 61.156 of this training program to satisfy the under paragraph (c) of this section. chapter must: requirements of § 61.156 of this chapter. * * * * * (i) Hold an airline transport pilot The training program must be separate certificate with an airplane category from the air carrier training program PART 141—PILOT SCHOOLS multiengine class rating; required by this part. (ii) Have at least 2 years of experience (b) No certificate holder may use a ■ 30. The authority citation for part 141 as a pilot in command in operations person nor may any person serve as an is revised to read as follows: conducted under § 91.1053(a)(2)(i) or instructor in a training program Authority: 49 U.S.C. 106(f), 106(g), 40113, § 135.243(a)(1) of this chapter, or as a approved to meet the requirements of pilot in command or second in § 61.156 of this chapter unless the 44701–44703, 44707, 44709, 44711, 45102– 45103, 45301–45302. command in any operation conducted instructor: under part 121 of this chapter; and (1) Holds an airline transport pilot ■ 31. Amend § 141.11 by adding (iii) If providing training in a flight certificate with an airplane category paragraph (b)(2)(viii) to read as follows: multiengine class rating; simulation training device, have (2) Has at least 2 years of experience § 141.11 Pilot school ratings. received training and evaluation within as a pilot in command in operations * * * * * the preceding 12 months from the conducted under § 91.1053(a)(2)(i) of (b) * * * certificate holder on— this chapter, § 135.243(a)(1) of this part, (2) * * * (A) Proper operation of flight or as a pilot in command or second in (viii) Airline transport pilot simulator and flight training device command in any operation conducted certification training program. controls and systems; under part 121 of this chapter; * * * * * (B) Proper operation of environmental (3) Except for the holder of a flight ■ 32. Revise § 141.26 to read as follows: and fault panels, instructor certificate, receives initial (C) Data and motion limitations of training on the following topics: § 141.26 Training agreements. simulation; (i) The fundamental principles of the (a) A training center certificated under (D) Minimum equipment learning process; part 142 of this chapter may provide the requirements for each curriculum; and

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(E) The maneuvers that will be (b) * * * pilot in command or second in demonstrated in the flight simulation (2) Approved under subpart Y of part command in any operation conducted training device. 121 of this chapter, Advanced under part 121 of this chapter; * * * * * Qualification Programs, for the (c) Except for the holder of a flight ■ 34. Amend Appendix K to Part 141 as authorization holder’s own employees; instructor certificate, receives initial follows: * * * * * training on the following topics: ■ A. Revise paragraph 4.(b) and 4.(c). ■ 37. Amend § 142.3 by revising (1) The fundamental principles of the ■ B. Add paragraph 13. paragraph (3) of the definition of Course learning process; Appendix K to Part 141—Special and the definition of Flight training (2) Elements of effective teaching, Preparation Courses equipment to read as follows: instruction methods, and techniques; (3) Instructor duties, privileges, § 142.3 Definitions. * * * * * responsibilities, and limitations; 4. * * * * * * * * (4) Training policies and procedures; (b) Except for the airline transport pilot Course means— and certification program in paragraph 13 of this * * * * * (5) Evaluation. appendix, training in a flight simulator that (3) A curriculum, or curriculum (d) If providing training in a flight meets the requirements of § 141.41(a) of this segment, as defined in subpart Y of part part, may be credited for a maximum of 10 simulation training device— percent of the total flight training hour 121 of this chapter. (1) Holds an aircraft type rating for the requirements of the approved course, or of * * * * * aircraft represented by the flight this section, whichever is less. Flight training equipment means full simulation training device utilized in (c) Except for the airline transport pilot flight simulators, as defined in § 1.1 of the training program and have received certification program in paragraph 13 of this this chapter, flight training devices, as training and evaluation within the appendix, training in a flight training device defined in § 1.1 of this chapter, and that meets the requirements of § 141.41(b) of preceding 12 months from the certificate this part, may be credited for a maximum of aircraft. holder on the maneuvers that will be 5 percent of the total flight training hour * * * * * demonstrated in the flight simulation requirements of the approved course, or of ■ 38. Amend § 142.49 by revising training device; and this section, whichever is less. paragraph (c)(3)(iv) to read as follows: (2) Satisfies the requirements of * * * * * § 142.53(a)(4). 13. Airline transport pilot certification § 142.49 Training center instructor and (e) A certificate holder may not issue training program. An approved airline evaluator privileges and limitations. a graduation certificate to a student transport pilot certification training program * * * * * must include the academic and FSTD unless that student has completed all (c) * * * the curriculum requirements of the training set forth in § 61.156 of this chapter. (3) * * * The FAA will not approve a course with course. fewer hours than those prescribed in § 61.156 (iv) If instructing or evaluating in an (f) A certificate holder must conduct of this chapter. aircraft in flight while serving as a evaluations to ensure that training required crewmember, holds at least a techniques, procedures, and standards PART 142—TRAINING CENTERS valid second class medical certificate; are acceptable to the Administrator. and ■ 35. The authority citation for part 142 * * * * * § 142.55 [Amended] is revised to read as follows: ■ 39. Add § 142.54 to read as follows: ■ 40. Amend § 142.55 as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, ■ 40119, 44101, 44701–44703, 44705, 44707, § 142.54 Airline transport pilot certification A. In paragraph (a)(2), remove the 44709–44711, 45102–45103, 45301–45302. training program. phrase ‘‘part 187’’ and add in its place the phrase ‘‘part 183’’; and No certificate holder may use a person ■ 36. Amend § 142.1 by revising ■ B. In paragraph (d), remove the phrase nor may any person serve as an paragraphs (a) and (b)(2) to read as ‘‘SFAR 58’’ and add in its place the instructor in a training program follows: phrase ‘‘subpart Y of part 121 of this approved to meet the requirements of chapter’’. § 142.1 Applicability. § 61.156 of this chapter unless the (a) This subpart prescribes the instructor: Issued in Washington, DC, under the requirements governing the certification (a) Holds an airline transport pilot authority provided by 49 U.S.C. 106(f), and operation of training centers. Except certificate with an airplane category 44701(a), and Secs. 216–217, Public Law as provided in paragraph (b) of this multiengine class rating; 111–216, 124 Stat. 2348 on July 10, 2013. section, this part provides an alternative (b) Has at least 2 years of experience Michael P. Huerta, means to accomplish training required as a pilot in command in operations Administrator. by parts 61, 63, 65, 91, 121, 125, 135, conducted under § 91.1053(a)(2)(i) or [FR Doc. 2013–16849 Filed 7–10–13; 4:15 pm] or 137 of this chapter. § 135.243(a)(1) of this chapter, or as a BILLING CODE 4910–13–P

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