[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Proposed Rules]
[Pages 55791-55798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 121

[Docket No.: FAA-2017-1106 Notice No. 17-02]
RIN 2120-AL03


Recognition of Pilot in Command Experience in the Military and in 
Part 121 Air Carrier Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking (NPRM) would allow pilots 
who obtained pilot in command (PIC) experience prior to July 31, 2013, 
in certain air carrier operations, to count that time towards the 1,000 
hours of air carrier experience required to serve as a PIC in air 
carrier operations today. This would correct an inadvertent omission in 
the Pilot Certification and Qualification Requirements for Air Carrier 
Operations final rule that established the air carrier experience 
requirement. It would also broaden the existing 500-hour credit 
military pilots of fixed-wing airplanes can use towards the 1,000 hours 
of air carrier experience by permitting pilots of select powered-lift 
aircraft operations to receive credit. This NPRM would also allow 
credit for select military time in a powered-lift aircraft flown in 
horizontal flight towards the 250 hours of airplane time as PIC, or 
second in command (SIC) performing the duties of PIC, required for an 
airline transport pilot (ATP) certificate.

DATES: Send comments on or before January 23, 2018.

ADDRESSES: Send comments identified by docket number FAA-2017-1106 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.

[[Page 55792]]

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concernig this 
action, contact Barbara Adams, Air Transportation Division, AFS-200, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-8166; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promulgate regulations and minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security; and 49 U.S.C. 44703(a), which requires 
the Administrator to prescribe regulations for the issuance of airman 
certificates when the Administrator finds, after investigation, that an 
individual is qualified for, and physically able to perform the duties 
related to, the position authorized by the certificate. This rulemaking 
would revise the qualifications required to apply for an airline 
transport pilot (ATP) certificate and the qualifications required to 
serve as pilot in command (PIC) in part 121 operations. For these 
reasons, this rulemaking is within the scope of the FAA's authority.

Table of Contents

I. Overview of Proposed Rule
II. Discussion of Proposal
    A. ATP Aeronautical Experience Requirements (Sec.  61.159)
    B. Minimum of 1,000 Hours in Air Carrier Operations To Serve as 
Pilot in Command in Part 121 Operations (Sec.  121.436)
    1. Part 121 Experience Prior to July 31, 2013
    2. Military Time
    3. Miscellaneous Amendments
III. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
IV. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, International Cooperation
V. Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents

List of Abbreviations and Acronyms Frequently Used in This Document

ATP Airline Transport Pilot
PIC Pilot in Command
SIC Second in Command

I. Overview of Proposed Rule

    This rulemaking would provide relief to military pilots of powered-
lift aircraft seeking to obtain an airline transport pilot (ATP) 
certificate with an airplane category rating. As discussed in section 
II.A. of this preamble, the FAA is proposing to allow military pilots 
to credit flight time in a powered-lift aircraft operated in horizontal 
flight towards the 250-hour flight time requirement in an airplane in 
Sec.  61.159(a)(5). This proposed change would assist military pilots 
of powered-lift aircraft in qualifying for an ATP certificate in the 
airplane category.
    This rulemaking would also include changes to the 1,000-hour air 
carrier experience requirement to serve as PIC in part 121 operations. 
As discussed in section II.B., this rulemaking would allow pilots with 
part 121 PIC experience acquired prior to July 31, 2013, to count that 
time towards the 1,000 hours of air carrier experience required to 
serve as a PIC in part 121 today. Additionally, this rulemaking would 
broaden the existing 500-hour credit military pilots of fixed-wing 
airplanes can take towards the 1,000-hour air carrier experience 
requirement. The proposed change to the existing 500-hour credit would 
accommodate pilots of multiengine, turbine-powered, powered-lift 
aircraft in operations where more than one pilot is required.
    Because this rulemaking proposes to amend two disparate 
regulations, the FAA has provided the necessary background information 
in the relevant sections of the Discussion of the Proposal.

II. Discussion of the Proposal

A. ATP Aeronautical Experience Requirements (Sec.  61.159)

    Since 1969, the FAA has required an applicant for an ATP 
certificate with an airplane category rating to have at least 1,500 
hours of flight time as a pilot. (34 FR 17162). This requirement is 
found in Sec.  61.159(a). As part of the 1,500 hours of total time 
required, Sec.  61.159(a)(5) requires the applicant to have at least 
250 hours of flight time in an airplane as PIC, or as second in command 
(SIC) performing the duties of PIC while under the supervision of a 
PIC, or any combination thereof.\1\ The 250 hours of airplane time must 
include at least 100 hours of cross-country time and 25 hours of night 
time.\2\
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    \1\ See Memorandum to John Duncan from Rebecca MacPherson, 
Assistant Chief Counsel for Regulations (Apr. 13, 2012)(interpreting 
the provision of 14 CFR 61.159(a)(4) (2012), which at the time 
stated ``250 hours of flight time in an airplane as pilot in 
command, or as second in command performing the duties of pilot in 
command while under the supervision of a pilot in command'').
    \2\ 14 CFR 61.159(a)(5)(i) and (ii).
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    Over the years, military pilots have asked the FAA whether they may 
credit their flight time in powered-lift aircraft (when operated in 
horizontal flight) towards the aeronautical experience requirement of 
Sec.  61.159(a)(5) for an airplane category rating. Section 
61.159(a)(5) requires the 250 hours of flight time as PIC (or SIC 
performing the duties of PIC while under the supervision of a PIC) to 
be performed in the category of aircraft for which the rating is 
sought. In 1997, the FAA established a separate category of aircraft 
for powered-lift aircraft and adopted Sec.  61.163(a),\3\ which 
prescribes the aeronautical experience required for a powered-lift 
category rating.\4\ Because the FAA established powered-lift as a 
separate category of aircraft rather than a class or type of airplane, 
the regulations currently preclude a pilot

[[Page 55793]]

from crediting flight time in a powered-lift category aircraft towards 
the airplane-specific aeronautical experience required for an airplane 
category rating.\5\
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    \3\ When the FAA established the powered-lift category rating, 
some commenters suggested simply requiring pilots to hold both an 
airplane category and a rotorcraft category rating to operate 
powered-lift aircraft. Others suggested that the FAA establish type 
ratings within an existing category of aircraft for powered-lift 
aircraft. The FAA chose instead to set powered-lift aircraft apart 
as a separate category from both airplane and rotorcraft. 62 FR 
16220 (Apr. 4, 1997).
    \4\ Section 61.163(a)(3) requires a person who is applying for 
an ATP certificate with a powered-lift category rating to obtain the 
same 250 hours of flight time in a powered-lift aircraft.
    \5\ In July 2013, the FAA published a final rule that permits 
military pilots to obtain an ATP certificate with 750 hours total 
time as a pilot as compared with the 1,500 hours generally required 
to apply for the certificate. 78 FR 42324 (July 15, 2013).
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    In March 2015, the FAA received a petition for exemption to permit 
a military pilot to credit time in a powered-lift aircraft toward the 
airplane flight time requirements of Sec.  61.159(a)(5).\6\ An 
additional petition was received in January 2016 seeking the same 
relief.\7\ The FAA has received favorable public comment to the initial 
petition for exemption from the Air Line Pilots Association, 
International (ALPA) in a letter dated September 6, 2016.\8\ ALPA 
supported the petitioner's request for relief from Sec.  61.159(a)(5) 
by citing the August 11, 1995, notice of proposed rulemaking (NPRM) 
that proposed to create the powered-lift category. (60 FR 41160). ALPA 
notes that in the preamble to the NPRM, the FAA acknowledged that the 
requirements for an ATP certificate for powered-lift aircraft would be 
similar to the airplane requirements. ALPA also pointed to a legal 
interpretation that was issued by the Assistant Chief Counsel for the 
Regulations Division on January 11, 2016,\9\ in which the FAA 
acknowledged that powered-lift aircraft resemble airplanes in many 
respects and that they may fly at an airspeed that is consistent with 
an airplane.
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    \6\ www.regulations.gov; Docket. No. FAA-2015-0695.
    \7\ www.regulations.gov; Docket No. FAA-2016-2486.
    \8\ www.regulations.gov; Docket No. FAA-2015-0695.
    \9\ Legal Interpretation to Major Daniel Fiust from Lorelei 
Peter, Acting Assistant Chief Counsel for Regulations (January 11, 
2016).
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    The FAA believes that any relief to Sec.  61.159(a)(5) is most 
appropriately achieved through notice and comment rulemaking. The FAA 
notes that a rulemaking change to Sec.  61.159(a)(5) enables the FAA to 
more generally accommodate military pilots of powered-lift aircraft. 
Consistent with the types of military pilots who may apply for pilot 
certificates and ratings under Sec.  61.73, the FAA's proposal 
accommodates military pilots and former military pilots in the U.S. 
Armed Forces, and military pilots in the Armed Forces of a foreign 
contracting State to the Convention on International Civil Aviation 
provided those foreign military pilots are assigned to pilot duties in 
the U.S. Armed Forces for purposes other than receiving flight 
training. In order to credit flight time in accordance with proposed 
Sec.  61.159(a)(5)(ii), U.S. military pilots and former U.S. military 
pilots would be required to provide the documentation in accordance 
with Sec.  61.73(b)(1), and military pilots in the Armed Forces of a 
foreign contracting State to the Convention on International Civil 
Aviation would be required to provide the documentation in accordance 
with Sec.  61.73(c)(1).\10\
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    \10\ To facilitate readability, the FAA is hereinafter using the 
term ``military pilots'' to refer to military pilots and former 
military pilots in the U.S. Armed Forces, and military pilots in the 
Armed Forces of a foreign contracting State to the Convention on 
International Civil Aviation.
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    The FAA recognizes that powered-lift aircraft are predominantly 
operated in the horizontal flight regime. When operated in this mode, 
the FAA finds that powered-lift aircraft are, for all practical 
purposes, operated as airplanes. As such, the FAA is proposing to amend 
Sec.  61.159(a)(5) to allow military pilots to credit flight time in 
powered-lift aircraft operated in horizontal flight towards the 250-
hour airplane flight time requirement. Accordingly, a military pilot 
would be allowed to credit flight time obtained in a powered-lift 
aircraft as PIC (or as SIC performing the duties of PIC while under the 
supervision of a PIC) towards the aeronautical experience requirement 
of Sec.  61.159(a)(5). The proposed allowance to credit military time 
in powered-lift aircraft towards the 250 hours of airplane time would 
also extend to the cross country time and night time requirements of 
this paragraph. The FAA proposes to amend current Sec.  61.159(a)(5) by 
moving current paragraphs (a)(5)(i) and (a)(5)(ii), which contain the 
cross country time and night time requirements, to new paragraphs 
(a)(5)(i)(A) and (a)(5)(i)(B) and by adding new Sec.  61.159(a)(5)(ii), 
which would contain the proposed allowance for military pilots of 
powered-lift aircraft.
    This proposed change would provide relief to military pilots of 
powered-lift aircraft who are seeking to obtain an ATP certificate with 
an airplane category rating. The FAA notes that it is not proposing a 
similar credit towards the aeronautical experience required for an ATP 
certificate with a rotorcraft rating.
    Under proposed Sec.  61.159(a)(5)(ii), a military pilot would be 
allowed to credit flight time in a powered-lift aircraft as PIC or as 
SIC performing the duties of PIC (i.e., manipulating the flight 
controls or serving as the flying pilot) while under the supervision of 
a PIC. This proposed provision would be consistent with current Sec.  
61.159(a)(5) and with the Memorandum to the Air Transportation Division 
from the Assistant Chief Counsel for Regulations dated April 13, 2012 
(Memorandum).\11\ Current Sec.  61.159(a)(5) states ``250 hours of 
flight time in an airplane as a pilot in command, or as second in 
command performing the duties of pilot in command while under the 
supervision of a pilot in command, or any combination thereof[.]'' \12\ 
The Memorandum explains that this provision should not be confused with 
Sec.  61.51(e)(1)(iv), which permits a pilot who holds a commercial 
pilot certificate or ATP certificate that is appropriate to the 
category and class of aircraft to log PIC time while performing ``the 
duties of pilot in command under the supervision of a qualified pilot 
in command'' if, among other things, the pilot is undergoing an 
approved PIC training program. While these two provisions contain 
similar language regarding the performance of PIC duties under the 
supervision of a PIC, they are distinct provisions.
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    \11\ Memorandum to John Duncan, Manager, Air Transportation 
Division, from Rebecca MacPherson, Assistant Chief Counsel for 
Regulations (Apr. 13, 2012).
    \12\ As stated in the Memorandum, this provision was first 
introduced in the 1952 Civil Air Regulations. CAR 21.16(a) stated 
that an applicant for an ATP rating shall have ``at least 250 hours 
of flight time composed of time as pilot in command, or time as 
copilot actually performing the duties and functions of a pilot-in-
command under the surveillance of a pilot in command, or any 
combination thereof.'' The Civil Aeronautics Board explained that 
``the experience and training gained by copilots on air carrier 
aircraft together with flight training experience in performing the 
duties and functions of an aircraft commander in transport type 
aircraft is equivalent to or greater than the present requirement 
for pilot-in-command experience which is often attained in small 
aircraft under conditions entirely unrelated to air carrier 
operations.'' CAB Amendment No. 21-10, Aeronautical Experience 
Requirement for Airline Transport Pilot Rating.
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    As evidenced by the Memorandum, the SIC time that may be credited 
towards the aeronautical experience requirement of Sec.  61.159(a)(5) 
is not required to meet the PIC logging requirements of Sec.  
61.51(e)(1)(iv). Accordingly, a military pilot may count the SIC time 
during which he or she performs the duties of PIC under the supervision 
of a PIC towards the 250 hour flight time requirement of Sec.  
61.159(a)(5) even if he or she cannot log that SIC time as PIC time in 
accordance with Sec.  61.51(e)(1)(iv). The SIC time used to meet Sec.  
61.159(a)(5) would instead be logged as SIC time in accordance with 
Sec.  61.51(f). As such, the SIC must be a required flightcrew member 
by aircraft certification or the regulation under which the flight is 
conducted.

[[Page 55794]]

    The FAA is not proposing to limit the amount of powered-lift time a 
pilot may credit towards the 250 hours of airplane time other than 
stating the time credited must have been acquired in horizontal flight. 
The FAA does not see a safety risk in allowing this credit. A military 
pilot receives training in an airplane prior to transitioning to a 
powered-lift aircraft and typically is able to obtain a commercial 
pilot certificate in the airplane category based on his or her military 
experience.\13\ Furthermore, in order to be eligible for the ATP 
certificate with airplane category and multiengine class ratings, a 
military pilot would still be required to meet the other aeronautical 
experience requirements of Sec.  61.159, including the requirement to 
obtain at least 50 hours of flight time in a multiengine land airplane. 
The FAA also notes that while using the military documentation in Sec.  
61.73 to credit the time, the military pilot would still be required to 
complete the training required by Sec.  61.156 for a multiengine 
airplane ATP certificate, pass the single-engine or multiengine ATP 
knowledge test, as appropriate, and pass a practical test/evaluation 
event in the appropriate class of airplane for the desired ATP 
certificate.\14\
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    \13\ 14 CFR 61.73.
    \14\ Section 61.159(a)(3) requires at least 50 hours of flight 
time in the class of airplane for the rating sought.
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    The FAA notes that it is not proposing to make any changes to the 
ATP flight time requirements. This rulemaking would not reduce the 
amount of total time as a pilot required for an ATP certificate. Nor 
would it reduce the amount of total time as a pilot required for an ATP 
certificate with restricted privileges. Furthermore, the FAA is not 
proposing to reduce the categorical minimum flight times (e.g., 
instrument time, night time, etc.) required for an ATP certificate.

B. Minimum of 1,000 Hours in Air Carrier Operations To Serve as Pilot 
in Command in Part 121 Operations (Sec.  121.436)

    The Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216, ``the Act''), directed the FAA to conduct 
rulemaking to improve the qualifications and training for pilots 
serving in air carrier operations. In support of the Act, the FAA 
published the Pilot Certification and Qualification Requirements for 
Air Carrier Operations final rule on July 15, 2013. (78 FR 42324). The 
rule created new certification and qualification requirements for 
pilots in air carrier operations, including Sec.  121.436. Section 
121.436 addresses pilot qualifications, certificates, and experience 
requirements to act as a PIC of an aircraft (or SIC of an aircraft in a 
flag or supplemental operation that requires three or more pilots).
    Specifically, Sec.  121.436(a)(3) requires pilots serving as PIC in 
part 121 operations to have, in addition to an ATP certificate and an 
aircraft type rating, at least 1,000 hours of air carrier experience. 
The air carrier experience may be a combination of time serving as SIC 
in operations under part 121, or serving as PIC in operations under 
Sec.  91.1053(a)(2)(i) or Sec.  135.243(a)(1). Section 121.436(c) 
allows military pilots to credit towards the 1,000-hour air carrier 
experience requirement 500 hours of military time obtained as PIC of a 
multiengine, turbine-powered, fixed-wing airplane in an operation 
requiring more than one pilot. As discussed in the sections below, the 
FAA is proposing to amend these requirements to provide relief to 
pilots who obtained part 121 PIC experience prior to July 31, 2013, and 
to military pilots of powered-lift aircraft.
1. Part 121 Experience Prior to July 31, 2013
    As previously stated, Sec.  121.436(a)(3) requires a pilot to have 
1,000 hours of air carrier experience prior to serving as PIC in part 
121 operations.\15\ This section does not apply to pilots employed as 
PIC in part 121 operations on July 31, 2013.
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    \15\ The FAA notes that the introductory paragraph in Sec.  
121.436(a) prohibits a pilot from serving as PIC in an aircraft in 
part 121 operations and also prohibits a certificate holder from 
using a pilot as PIC in part 121 operations unless the pilot meets 
all of the requirements in paragraphs (a)(l) through (3). 
Accordingly, both pilots and certificate holders are responsible for 
compliance with Sec.  121.436(a).
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    Under current Sec.  121.436, a pilot may not use any flight time 
obtained as PIC in part 121 operations prior to July 31, 2013, to 
satisfy the 1,000-hour air carrier experience requirement of Sec.  
121.436(a)(3). As evidenced by a legal interpretation issued by the 
Assistant Chief Counsel for Regulations on March 7, 2014,\16\ 
experience as a PIC in part 121 operations is addressed by excepting 
those pilots employed as PIC in part 121 operations on July 31, 2013, 
from Sec.  121.436(a)(3).
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    \16\ Legal Interpretation to Mr. Zachary Kelley from Mark W. 
Bury, Assistant Chief Counsel for Regulations (Mar. 7, 2014).
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    Since the adoption of Sec.  121.436, the FAA has granted petitions 
for exemption from Sec.  121.436(a)(3) to pilots who had part 121 PIC 
experience prior to July 31, 2013, but were not employed as a part 121 
PIC on July 31, 2013.\17\ These exemptions allow pilots to count their 
previously accrued part 121 PIC time towards the 1,000-hour air carrier 
experience requirement of Sec.  121.436(a)(3). This allows them to 
serve as PIC in part 121 operations today and permits the part 119 
certificate holder to employ them as PIC.
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    \17\ Exemption No. 13993 (Docket No. FAA-2014-0658); Exemption 
No. 15473 (FAA-2016-1287); and Exemption No. 17177 (FAA-2016-9249).
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    The FAA is proposing to add new Sec.  121.436(d) to allow a pilot's 
experience gained as PIC in part 121 operations prior to July 31, 2013, 
to count towards the 1,000 hours of air carrier experience required by 
Sec.  121.436(a)(3). Proposed Sec.  121.436(d) would alleviate the need 
for pilots to obtain exemptions from current Sec.  121.436(a)(3) in 
order to receive credit for part 121 PIC experience obtained prior to 
July 31, 2013. For the reasons discussed below, the FAA finds that 
proposed Sec.  121.436(d) is consistent with the intent of Sec.  
121.436(a)(3).
    A PIC in part 121 air carrier operations is expected to possess 
leadership and command abilities, including aeronautical decision 
making and the sound judgment necessary to exercise operational control 
of the flight. The intent of the 1,000-hour air carrier experience 
requirement in Sec.  121.436(a)(3) is to prevent two pilots in part 121 
operations with little or no air carrier experience from being paired 
together as a flightcrew in line operations. In addition, the intent of 
this rule is to ensure that pilots obtain at least one full year of 
relevant air carrier operational experience before assuming the 
authority and responsibility of a PIC in operations conducted in part 
121 operations (78 FR 42355).
    In the preamble to the final rule that adopted Sec.  121.436(a)(3), 
the FAA determined that flight time acquired as a PIC in operations 
under Sec. Sec.  91.1053(a)(2)(i) and 135.243(a)(1), and flight time 
acquired as an SIC in part 121 operations should count towards the 
1,000 hour air carrier experience requirement. The FAA explained that 
operations under Sec.  91.1053(a)(2)(i) or Sec.  135.243(a)(1) require 
an ATP certificate, are multicrew operations, and generally use turbine 
aircraft and therefore are the most applicable to part 121 operations. 
(78 FR 42356).
    Consistent with this rationale, the FAA finds that a pilot who has 
obtained PIC experience in part 121 operations prior to July 31, 2013, 
has exercised the privileges of an ATP certificate in a

[[Page 55795]]

position where that certificate is required by rule in the United 
States, and the operation was in a turbine-powered aircraft in a 
multicrew environment. Therefore, that time served as a part 121 PIC 
should count towards the air carrier experience requirement. The FAA 
notes that all PICs in part 121 operations complete the air carrier's 
FAA-approved training and qualification program prior to serving as 
PIC. This training and qualification ensures every PIC is proficient in 
the air carrier's operations including, but not limited to, standard 
operating procedures, environments, kinds of operations, operational 
authorizations and the operation of its aircraft. Accordingly, the FAA 
finds that allowing PIC time acquired in part 121 operations prior to 
July 31, 2013, to count towards the air carrier experience requirement 
would not adversely impact safety; it would support the FAA's goal of 
ensuring that a pilot possesses sufficient experience to assume the 
authority and responsibility of PIC in part 121 operations.
2. Military Time
    In the Pilot Certification and Qualification Requirements for Air 
Carrier Operations final rule, the FAA recognized that many pilots in 
the course of their military careers will obtain significant multicrew 
experience as PICs of transport category aircraft. The FAA therefore 
adopted Sec.  121.436(c) to allow 500 hours of military flight time 
accrued as PIC of a multiengine, turbine-powered, fixed-wing airplane 
in an operation requiring more than one pilot to be credited towards 
the 1,000-hour air carrier experience requirement.
    Under current Sec.  121.436(c), the creditable military flight time 
is limited to PIC time acquired in fixed-wing airplanes. Since the 
adoption of Sec.  121.436(c), the FAA has received several inquiries 
and a petition for exemption from a military pilot seeking to credit 
military flight time as PIC in multicrew, turbine-powered, powered-lift 
aircraft towards the 1,000-hour air carrier experience requirement. The 
petitioner explained that ``[o]perational complexity is experienced 
routinely in the V-22, often with passengers of up to twenty-four. In 
fact, operations in the V-22 are some of the most complex operations 
pilots will experience due to its flexibility, range and operating 
altitudes. Additionally, the V-22 is a multi-crew, multi-engine, 
turbine aircraft.'' \18\ The petitioner added that the majority of 
flight time in the V-22 is in `` ``Airplane Mode'' meaning operations 
are nearly the same as turbine airplane flight time.'' The FAA believes 
that any relief to Sec.  121.436(c) is most appropriately achieved 
through notice and comment rulemaking. The FAA notes that a rulemaking 
change to Sec.  121.436(c) enables the FAA to more generally 
accommodate military pilots of multiengine, turbine-powered, powered-
lift aircraft.
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    \18\ www.regulations.gov; Docket No. FAA-2016-8875.
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    The FAA has reconsidered the military flight time that may be 
credited towards the 1,000-hour air carrier experience requirement. As 
previously discussed in this preamble, the intent of the 1,000-hour air 
carrier experience provision is to prevent two pilots in part 121 
operations with little or no air carrier experience from being paired 
together as a flightcrew in line operations and to ensure that pilots 
obtain at least one full year of relevant air carrier operational 
experience before assuming the authority and responsibility of a PIC in 
operations conducted in part 121 operations. Further, a PIC in part 121 
air carrier operations is expected to possess leadership and command 
abilities, including aeronautical decision making and the sound 
judgment necessary to exercise operational control of the flight. (78 
FR42356).
    Upon further reconsideration, the FAA is proposing to amend Sec.  
121.436(c) to also allow military flight time accrued as PIC of a 
multiengine, turbine-powered powered-lift aircraft to be credited 
towards the 1,000-hour air carrier experience requirement. Consistent 
with the existing requirement, the operation must also require more 
than one pilot. The FAA finds that military flight time obtained as PIC 
of transport category powered-lift aircraft provides significant 
multicrew experience substantially similar to that obtained in 
transport category fixed-wing airplanes. The FAA also finds that 
allowing a military-trained PIC of a multiengine, turbine-powered, 
powered-lift aircraft to credit up to 500 hours towards the 1,000-hour 
air carrier experience requirement is consistent with the intent of 
Sec.  121.436. The FAA has previously recognized the quality of the 
military training and appreciates the complexity of those kinds of 
transport-like operations. In addition, the FAA has acknowledged that 
powered-lift aircraft are predominantly operated in the horizontal 
flight regime, much like an airplane. The FAA maintains, however, that 
while there is value in this experience, these pilots operate in a 
unique system that is different from a part 121 air carrier environment 
and military pilots would benefit from spending some time serving as a 
required crewmember in a civilian air carrier operation before 
upgrading to PIC. This time would prepare them for operating in 
compliance with the U.S. regulations that govern civil aviation, the 
air carrier's particular operating specifications, and the airplane's 
operations manual.
3. Miscellaneous Amendments
    Current Sec.  121.436(a)(3) excepts from the requirements of 
paragraph (a)(3) pilots who ``are'' employed as PIC in part 121 
operations on July 31, 2013. Because the date referenced in paragraph 
(a)(3) has since passed, the FAA is proposing to revise the statement 
to except pilots who ``were'' employed as PIC in part 121 operations on 
July 31, 2013.
    Current Sec.  121.436(d) requires compliance with the requirements 
of Sec.  121.436 by August 1, 2013. This paragraph states, however, 
that pilots who are employed as SIC in part 121 operations on July 31, 
2013, are not required to comply with the type rating requirement in 
Sec.  121.436(b) until January 1, 2016. Now that Sec.  121.436 is 
effective with no exceptions, the dates in paragraph (d) are no longer 
relevant. The FAA is, therefore, proposing to remove current paragraph 
(d) from Sec.  121.436.\19\
---------------------------------------------------------------------------

    \19\ As previously discussed, the FAA is proposing to add a new 
paragraph (d) to Sec.  121.436.
---------------------------------------------------------------------------

III. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by

[[Page 55796]]

State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more annually (adjusted for 
inflation with base year of 1995). This portion of the preamble 
summarizes the FAA's analysis of the economic impacts of this Notice of 
Proposed Rulemaking.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this rule. Due to Executive 
Order (EO) 13771 requirements the FAA conducted further analysis and 
determined this rule is expected to be an EO 13771 deregulatory action 
as the regulatory changes result in cost savings.
    While the costs may be minimal to the society, the proposed rule 
would be relieving both to individuals and corporations. The proposed 
rule change is composed of two distinct parts: The first part would 
modify the part 121 air carrier experience requirement to serve as a 
Pilot in Command (PIC) to allow credit for experience as PIC if a pilot 
held that position prior to July 31, 2013. Currently such experience 
does not count towards qualifying to be a PIC without filing for an 
exemption. This recognition of previous status and qualification for 
part 121 PIC employment service would relieve the individual pilots, 
part 121 air carriers that would employ those pilots, and the Federal 
government of procedural costs for developing, filing, and reviewing 
petitions for exemption. The cost of an exemption is about $1,500. The 
FAA does not know how many pilots would ask for such an exemption in 
the future. The second part would allow 250 hours of military PIC 
experience in powered-lift aircraft in horizontal flight to count 
towards the PIC airplane time required for an ATP certificate in the 
airplane category. This rule would relieve these military pilots 
seeking employment at a part 121 air carrier of the offsetting expense 
for accruing civilian flight time in airplanes to meet the ATP airplane 
minimum time requirements, which are required in order to serve at a 
part 121 air carrier. At $150 an hour per flight hour, the value of 250 
flight hours is a cost savings of $37,500. The FAA requests comments on 
whether the enactment of counting military powered-lift time towards 
airplane PIC time would change these pilots' military retirement 
decisions. The FAA believes the costs are minimal and cost-relieving.
    FAA has, therefore, determined that this rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The proposed rule would be relieving to pilots interested in part 
121 operator employment and not affect small businesses. The rule would 
count PIC status which occurred prior to July 31, 2013 toward PIC 
qualifications for part 121 PIC qualification. The rule would also 
include allowance for counting military powered-lift experience towards 
part 121 PIC qualifications. As this rule would be relieving to pilots 
who are not small entities the FAA has determined this rule would not 
impose a significant economic impact on a substantial number of small 
entities. While the rule would be relieving the direct impact would be 
to pilots wanting to work for a Part 121 operator.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
Therefore, as provided in section 605(b), the head of the FAA certifies 
that this rulemaking will not result in a significant economic impact 
on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this rule and determined that the rule 
will have the same impact on international and domestic flights and is 
a safety rule thus is consistent with the Trade Agreements Act.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155 million in lieu of $100 
million. This rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an

[[Page 55797]]

information collection requirement unless it displays a currently valid 
Office of Management and Budget (OMB) control number.
    The FAA has determined that there would be no new information 
collection associated with the proposal to allow a military pilot to 
use time as a PIC in powered-lift aircraft towards the 250 hours of PIC 
airplane time required for an ATP certificate. Approval to collect such 
information previously was approved by the Office of Management and 
Budget (OMB) under the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507(d)) and was assigned OMB Control Number 2120-0021
    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by January 23, 2018. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC 
20053.

F. International Compatibility

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

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6 and involves no extraordinary 
circumstances.

IV. Executive Order Determinations

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

    Executive Order 13771 titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' directs that, unless prohibited by law, whenever an 
executive department or agency publicly proposes for notice and comment 
or otherwise promulgates a new regulation, it shall identify at least 
two existing regulations to be repealed. In addition, any new 
incremental costs associated with new regulations shall, to the extent 
permitted by law, be offset by the elimination of existing costs. Only 
those rules deemed significant under section 3(f) of Executive Order 
12866, ``Regulatory Planning and Review,'' are subject to these 
requirements.
    This proposed rule is expected to be an EO 13771 deregulatory 
action. Details on the estimated costs savings of this proposed rule 
can be found in the rule's economic analysis.

B. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and, therefore, would not have 
Federalism implications.

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

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

D. Executive Order 13609, International Cooperation

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

V. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule,

[[Page 55798]]

including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced in item 
(1) above.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

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

0
1. The authority citation for part 61 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302, Pub. L. 111-
216, 124 Stat. 2348 (49 U.S.C. 44701 note).

0
2. In Sec.  61.159, revise paragraph (a)(5) to read as follows:


Sec.  61.159  Aeronautical experience: Airplane category rating.

    (a) * * *
    (5) 250 hours of flight time in an airplane as a pilot in command, 
or as second in command performing the duties of pilot in command while 
under the supervision of a pilot in command, or any combination 
thereof, subject to the following:
    (i) The flight time requirement must include at least--
    (A) 100 hours of cross-country flight time; and
    (B) 25 hours of night flight time.
    (ii) Except for a person who has been removed from flying status 
for lack of proficiency or because of a disciplinary action involving 
aircraft operations, a U.S. military pilot or former U.S. military 
pilot who meets the requirements of Sec.  61.73(b)(1), or a military 
pilot in the Armed Forces of a foreign contracting State to the 
Convention on International Civil Aviation who meets the requirements 
of Sec.  61.73(c)(1), may credit flight time in a powered-lift aircraft 
operated in horizontal flight toward the flight time requirement.
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
3. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 
U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732 
note).

0
4. In Sec.  121.436, revise paragraphs (a)(3), (c), and (d) to read as 
follows:


Sec.  121.436  Pilot Qualification: Certificates and experience 
requirements.

    (a) * * *
    (3) If serving as pilot in command in part 121 operations, has 
1,000 hours as second in command in operations under this part, pilot 
in command in operations under Sec.  91.1053(a)(2)(i) of this chapter, 
pilot in command in operations under Sec.  135.243(a)(1) of this 
chapter, or any combination thereof. For those pilots who were employed 
as pilot in command in part 121 operations on July 31, 2013, compliance 
with the requirements of this paragraph (a)(3) is not required.
* * * * *
    (c) For the purpose of satisfying the flight hour requirement in 
paragraph (a)(3) of this section, a pilot may credit 500 hours of 
military flight time provided the flight time was obtained--
    (1) As pilot in command in a multiengine, turbine-powered, fixed-
wing airplane or powered-lift aircraft, or any combination thereof; and
    (2) In an operation requiring more than one pilot.
    (d) For the purpose of satisfying the flight hour requirement in 
paragraph (a)(3) of this section, a pilot may credit flight time 
obtained as pilot in command in operations under this part prior to 
July 31, 2013.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on November 9, 2017.
John Barbagallo,
Executive Deputy Director, Flight Standards Service.
[FR Doc. 2017-25358 Filed 11-22-17; 8:45 am]
BILLING CODE 4910-13-P


