[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Rules and Regulations]
[Pages 62081-62088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24411]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / 
Rules and Regulations  

[[Page 62081]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No.: FAA-2018-1050; Amdt. No. 61-149]
RIN 2120-AL23


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule removes a multiengine training requirement for 
pilots seeking to obtain an initial airline transport pilot (ATP) 
certificate concurrently with a single-engine airplane type rating. The 
final rule also removes a 2014 compliance date because it is no longer 
necessary.

DATES: This final rule is effective on December 9, 2021.

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

FOR FURTHER INFORMATION CONTACT: Barbara Adams, Air Transportation 
Division, Training and Simulation Group, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-8166; email: [email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

List of Abbreviations and Acronyms Frequently Used in This Document

ATP Airline Transport Pilot
ATP CTP Airline Transport Pilot Certification Training Program
FSTD Flight Simulation Training Device
NPRM Notice of proposed rulemaking
PIC Pilot in Command
SOE Supervised operating experience

Table of Contents

I. Overview of Final Rule
II. Background
    A. Statement of the Problem
    B. History
    C. Summary of the Notice of Proposed Rulemaking
III. Discussion of Public Comments and Final Rule
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
V. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, International Cooperation
VI. How To Obtain Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act

I. Overview of Final Rule

    This rule removes an unnecessary multiengine training requirement 
for pilots seeking to obtain an initial ATP certificate concurrently 
with a single-engine airplane type rating. It also revises several 
provisions of the pilot certification regulations by removing from the 
text the July 31, 2014, date, which served as the compliance date for 
the multiengine ATP training requirements, because the date is no 
longer necessary.

II. Background

A. Statement of the Problem

    Current regulations require a pilot seeking an ATP certificate 
concurrently with an airplane type rating to complete training in an 
FAA approved course from an authorized training provider. This training 
is commonly referred to as the ATP Certification Training Program (ATP 
CTP) and includes both ground training and flight simulation training 
device (FSTD) training in a device that represents a multiengine 
airplane.\1\ The FAA intended this training requirement to apply to 
pilots seeking an ATP certificate in a multiengine airplane. However, 
because the regulations do not specify ``multiengine'' type rating, the 
requirement applies to single-engine airplanes for which a type rating 
is required.
---------------------------------------------------------------------------

    \1\ 14 CFR 61.156.
---------------------------------------------------------------------------

    When the training requirement became effective in 2014, there were 
no single-engine airplanes that required the pilot to obtain a type 
rating prior to serving as pilot in command (PIC). With the 
certification of the Cirrus Vision Jet in 2016, there is now a single-
engine airplane that requires the pilot to obtain a type rating prior 
to serving as PIC. Under the current regulations, if a pilot seeks a 
type rating in the Cirrus Vision Jet concurrently with the initial 
issuance of the ATP certificate in the airplane category with a single-
engine class rating, that pilot would be required to complete the ATP 
CTP to be eligible for the practical test. This final rule removes the 
ATP CTP requirement for pilots seeking an ATP certificate concurrently 
with a single-engine type rating.

[[Page 62082]]

B. History

    The Airline Safety and Federal Aviation Administration Extension 
Act of 2010 (Pub. L. 111-216) (the Act) was signed into law in August 
2010 and included provisions to improve airline safety and pilot 
certification and training. In response to the Act, the FAA modified 
the eligibility requirements for an ATP certificate with an airplane 
category multiengine class rating in the Pilot Certification and 
Qualification Requirements for Air Carrier Operations Final Rule (2013 
Final Rule).\2\ Section 216 of the Act specifically required all pilots 
of 14 Code of Federal Regulations (CFR) part 121 operations to have an 
ATP certificate and an appropriate amount of multiengine time. Section 
217 of the Act established minimum qualifications for an ATP 
certificate that were focused on air carrier pilots and multiengine 
airplane experience. The statute did not address single-engine 
airplanes. Additionally, part 121 prohibits the use of single-engine 
airplanes.\3\
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    \2\ 78 FR 42324 (July 15, 2013).
    \3\ 14 CFR 121.159.
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    To address the ATP requirements set forth in the Act, the FAA 
established a requirement for a pilot to complete an FAA approved ATP 
CTP. The ATP CTP includes ground training and flight training in a 
multiengine FSTD. Pilots must complete the ATP CTP and present the 
graduation certificate to be eligible for the ATP multiengine knowledge 
test.\4\ Applicants for an ATP certificate with an airplane category 
multiengine class rating or ATP certificate obtained concurrently with 
an airplane type rating must then present the graduation certificate 
for the ATP CTP and the passing knowledge test results when applying 
for the practical test.\5\
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    \4\ 14 CFR 61.35, 61.153, 61.159.
    \5\ 14 CFR 61.39 and 61.156.
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    Upon review of the regulatory requirements for an ATP certificate, 
the FAA found that some of the requirements do not distinguish between 
a pilot seeking a single-engine airplane rating and a multiengine 
airplane rating. For example, as noted, pilots seeking an ``airline 
transport pilot certificate obtained concurrently with an airplane type 
rating'' are required to complete the ATP CTP specified in Sec.  61.156 
and receive a graduation certificate from an authorized training 
provider. With that express language, pilots seeking an ATP certificate 
concurrently with a single-engine airplane type rating must complete 
multiengine airplane training to obtain an ATP certificate in a single-
engine airplane.
    At the time the 2013 Final Rule published, there were no single-
engine airplanes that required a type rating to serve as PIC. However, 
since the 2013 Final Rule published, Cirrus Aircraft received type 
certification for its single-engine Vision Jet (SF50),\6\ and a pilot 
is required to hold a type rating for that airplane to serve as PIC. 
Because the 2013 Final Rule did not specify that the ATP CTP was 
required only when a pilot was seeking an ATP certificate concurrently 
with a multiengine type rating, a pilot cannot complete a practical 
test for an initial ATP certificate with the SF50 type rating unless 
the pilot completes the ATP CTP. Alternatively, to avoid the training 
requirement, a pilot could use a different single-engine airplane 
(i.e., one that does not require a type rating) to obtain the initial 
ATP certificate and then complete a second practical test in the SF50 
to add the type rating to the ATP certificate.\7\ Or, a pilot could add 
the type rating to his or her commercial pilot certificate first and 
then complete an ATP practical test in a different single-engine 
airplane and the SF50 type rating would be carried forward to the ATP 
certificate. In either case, the pilot would be taking an additional 
practical test to avoid completing the multiengine training in the ATP 
CTP.
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    \6\ Cirrus Aircraft received type certification of the SF50 
Vision Jet in October 2016.
    \7\ 14 CFR 61.157(b).
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    Several sections in part 61 apply to a pilot seeking an ATP 
certificate with a multiengine airplane rating or an ATP certificate 
concurrently with an ``airplane type rating.'' Prior to certification 
of the SF50, there was no need for regulatory requirements to delineate 
the class rating because all type-rated airplanes were multiengine. In 
the current environment, without the delineation of a class rating, the 
type rating training requirements that were intended to apply to pilots 
seeking an ATP certificate concurrently with a multiengine airplane 
type rating are being applied to pilots seeking an ATP certificate 
concurrently with a single-engine type rating. As a consequence, under 
the previous regulations, pilots seeking an ATP certificate 
concurrently with a single-engine type rating were subject to 
unnecessary and burdensome training requirements.

C. Summary of the Notice of Proposed Rulemaking

    On December 20, 2018, the FAA published a notice of proposed 
rulemaking (NPRM) titled Removal of Training Requirements for an 
Airline Transport Pilot Certificate Issued Concurrently With a Single-
Engine Airplane Type Rating.\8\ In the NPRM, the FAA proposed to revise 
Sec. Sec.  61.39(d), 61.153(e), 61.156, and 61.165(f) to reflect that 
the ground training and FSTD training in a multiengine airplane, which 
is specified in Sec.  61.156, applies to pilots seeking an ATP 
certificate with a multiengine airplane rating or an ATP certificate 
obtained concurrently with a multiengine airplane type rating. 
Additionally, because Sec. Sec.  61.39(b), 61.155(c)(14), and 61.160 
contain the same problematic language that fails to specify 
``multiengine'' airplane type rating, the FAA proposed to make similar 
revisions to Sec. Sec.  61.39(b), 61.155(c)(14),\9\ and 61.160 to 
reflect the FAA's original intent. The FAA explained that these 
amendments are necessary to ensure a pilot seeking an ATP certificate 
concurrently with a single-engine airplane type rating will not be 
required to comply with training requirements that were intended for 
applicants seeking an ATP certificate in a multiengine airplane. 
Consistent with the Act's direction to enhance multiengine experience 
requirements, the NPRM did not propose any changes for what is 
currently required for a pilot seeking a multiengine airplane ATP 
certificate.
---------------------------------------------------------------------------

    \8\ 83 FR 65316.
    \9\ The proposed language of Sec.  61.155(c)(14) has been 
revised in the final rule for consistency with the language in the 
other sections. This change results in no substantive change.
---------------------------------------------------------------------------

    The FAA noted that, while the multiengine training requirement of 
Sec.  61.156 would be removed for a pilot seeking an ATP certificate 
concurrently with a single-engine airplane type rating, there would be 
no reduction in safety because a pilot is still required to obtain 
specific training and testing that is appropriate to the single-engine 
airplane type rating the pilot is seeking.\10\
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    \10\ To add a single-engine airplane type rating to an ATP 
certificate or obtain a single-engine type rating concurrently with 
an ATP certificate, a pilot must: (1) Receive and log ground and 
flight training from an authorized instructor; (2) receive an 
endorsement from an authorized instructor that the training was 
completed; and (3) perform a practical test in accordance with the 
requirements in Sec.  61.157(b).
---------------------------------------------------------------------------

    In addition to the amendments previously discussed, the FAA 
proposed to amend several sections in part 61 by removing the July 31, 
2014 date, which served as the compliance date for the multiengine 
training requirement. This date is no longer necessary in the following 
regulations: Sec. Sec.  61.35(a)(2) and (a)(3)(iii)(C); 61.153(e); 
61.155(c)(14); the introductory text of 61.156; and

[[Page 62083]]

61.165(c)(2) and (f)(2). The FAA also proposed to remove Sec.  
61.35(a)(3)(iii)(B) because it contained a prerequisite for applicants 
seeking issuance of an ATP certificate prior to August 1, 2014, which 
is now unnecessary. As a result, the FAA proposed to redesignate Sec.  
61.35(a)(3)(iii)(C) as Sec.  61.35(a)(3)(iii)(B).
    Furthermore, the FAA concluded that Sec.  61.155(d) is no longer 
necessary. This section required an applicant who successfully 
completed the ATP knowledge test prior to August 1, 2014, to 
successfully complete the practical test within 24 months from the 
month in which the knowledge test was successfully completed. Because 
more than 24 months has elapsed since August 1, 2014, it is impossible 
for an applicant to successfully complete an ATP practical test within 
24 months of taking a knowledge test prior to that date. The FAA 
proposed to remove Sec.  61.155(d) from part 61. For the same reasons, 
the FAA proposed to remove language from Sec.  61.165(f)(2) that allows 
a pilot to present valid ATP knowledge test results from a test taken 
prior to August 1, 2014.
    The NPRM provided for a 60-day comment period, which ended on 
February 19, 2019.

III. Discussion of Public Comments and Final Rule

    The FAA received three comments to the NPRM, two from individuals 
and one from a training center. One individual recommended an amendment 
to the supervised operating experience (SOE) limitations defined in 
Sec.  61.64(f)(2). The individual recommended that an airman who holds 
an unrestricted multiengine turbojet airplane type rating be eligible 
for an unrestricted single-engine type rating upon successful 
completion of a single-engine type rating practical test conducted in a 
flight simulator. The individual suggested this allowance would be 
based on the airman's existing operational experience in turbojet 
aircraft.
    The FAA has considered the recommendation and determined it is 
outside the scope of this rulemaking. The commenter sought to allow 
multiengine turbine-powered airplane experience to count towards 
single-engine turbine-powered airplane experience. In accordance with 
the definition in 14 CFR part 1, a class as used with respect to the 
certification, ratings, privileges, and limitations of airmen, is 
established within a category of aircraft for aircraft having similar 
operating characteristics. Examples include ``single engine'' and 
``multiengine'' for the airplane category. This distinction is 
necessary because the differences in operating characteristics between 
the two classes of airplane are significant, particularly with regard 
to handling an engine failure. Section 61.64 allows a Level C or higher 
full flight simulator to be used for a practical test for the issuance 
of an airman certificate or rating provided that simulator represents 
the category, class, and type for the rating sought. Because the 
practical test is administered in a simulator and not the airplane, a 
pilot is issued a SOE limitation unless the pilot meets prescribed 
experience requirements. Requiring 25 hours of supervised experience in 
the airplane following a successful practical test in a simulator is an 
important safety mitigation when the pilot does not otherwise have the 
requisite experience in an aircraft.
    To allow experience in one class of airplane to count for another 
class of airplane to avoid an SOE requirement would require a more 
comprehensive review of the existing requirements in Sec.  61.64 and 
the safety implications for making such a change, followed by a 
subsequent notice and comment period. In addition, because there is 
only one single-engine airplane that requires a type rating, there is a 
small number of pilots that could potentially benefit from such a 
change; therefore, the FAA will not pursue a review at this time.
    The same individual noted that the Sec.  61.159(a)(3) requirement 
of 50 hours of time in class for an ATP certificate is burdensome. The 
FAA has determined the comment is outside the scope of this rulemaking 
because the NPRM did not propose a change to Sec.  61.159(a)(3). The 
FAA notes that it conducted a rulemaking proposing this requirement in 
2012 in response to Public Law 111-216. It addressed the comments in 
the 2013 final rule and determined 50 hours of time in class for an ATP 
certificate was appropriate for all airplane classes, not just the 
airplane multiengine land class rating, and permitted up to 25 hours to 
be completed in a simulator if part of an approved training 
program.\11\ No changes to the final rule will be made as a result of 
this comment.
---------------------------------------------------------------------------

    \11\ 78 FR 42332.
---------------------------------------------------------------------------

    An additional individual commenter requested an update to Sec.  
61.159(d)(2) to allow flight time credit towards an ATP certificate for 
navigators in the U.S. Armed Forces similar to the credit permitted for 
flight engineers. The FAA has determined the comment is outside the 
scope of this rulemaking because the NPRM did not propose a change to 
Sec.  61.159(d)(2).\12\
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    \12\ The FAA has denied several petitions for exemption from 
individuals seeking to credit time as a military-trained navigator 
toward requirements for an ATP certificate. The FAA concluded that 
the training, proficiency, and decision-making skills are 
significantly different from those of a pilot-in-command and that 
such an exemption would not provide an equivalent level of safety to 
that provided in the regulation. See Exemption No. 17785 (FAA-2017-
0160); Exemption No. 17866 (FAA-2017-1198).
---------------------------------------------------------------------------

    The final comment came from CAE, Inc. (CAE). CAE contends that 
there are training tasks and learning objectives identified in the 
training course required in Sec.  61.156 that are applicable to single-
engine type rating candidates. CAE recommended the FAA task a committee 
to ``carefully study the requirements and make recommendations as to 
which tasks and elements should be applied to ATP single-engine type 
rating candidates.''
    The FAA has considered CAE's recommendation and determined that it 
is not necessary to task a committee to review and recommend tasks that 
should be applied to ATP single-engine type rating candidates. The FAA 
established these multiengine ATP certification requirements in 
response to Public Law 111-216. The statute was specific to modifying 
the multiengine ATP certificate requirements to incorporate the content 
now codified in Sec.  61.156. The FAA recognizes some of the subject 
matter would be applicable to candidates for a single-engine type 
rating. However, there is no statutory or regulatory requirement for 
single-engine ATP applicants to receive such training. Training 
providers can review the existing guidance in Advisory Circular 61-138, 
Airline Transport Pilot Certification Program, and determine which 
topic areas are applicable should they want to offer such training 
voluntarily. In addition, the FAA published the ATP-Airplane Airman 
Certification Standards in June 2019, which further captures what a 
pilot of a single-engine airplane needs to know at the ATP level, and 
what a pilot of a single-engine airplane type rating needs to know, 
pursuant to FAA regulatory requirements. The FAA encourages training 
providers to use the available information and incorporate the 
applicable content in their single-engine type rating training 
programs.
    The FAA received no other comments on the proposal. Accordingly, 
for the reasons stated in the NPRM and reiterated in section II.C of 
this document, the FAA is finalizing the proposed amendments without 
change. The FAA notes that, with the corrections to Sec.  61.160(a) 
through (d),

[[Page 62084]]

the FAA is also amending paragraph (f) to achieve parallel construction 
of the multiengine airplane phrasing. The FAA is also making a 
clarifying amendment to Sec.  61.160(e) by adding a cross-reference 
that was inadvertently omitted in the Pilot Certification and 
Qualification Requirements for Air Carrier Operations final rule.\13\ 
As evident from the preamble to that final rule, Sec.  61.160(e) was 
intended to ``reduce the cross-country flight time required for all 
applicants for an R-ATP [airline transport pilot certificate with 
restricted privileges] certificate to 200 hours.'' \14\ However, the 
express language of the rule provided relief only to those categories 
of applicants listed in paragraphs (a), (b), and (c). Because the 
relief in Sec.  61.160(e) was intended for all eligible applicants,\15\ 
including persons eligible under Sec.  61.160(d), the FAA is amending 
Sec.  61.160 by adding a cross-reference to paragraph (d).
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    \13\ 78 FR 42324.
    \14\ 78 FR 42348-49.
    \15\ This point was also summarized in the differences between 
the NPRM and the final rule stating ``[m]inimum cross country time 
for all eligible pilots is 200 hours''. 78 FR 42330.
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IV. Regulatory Notices and Analyses

    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 Agreements 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 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 final 
rule.
    In conducting these analyses, the FAA has determined that this 
final rule: (1) Has cost savings with no additional costs; (2) is not a 
significant regulatory action as defined by Executive Order 12866; (3) 
does not require an analysis under the Regulatory Flexibility Act; (4) 
will not create unnecessary obstacles to the foreign commerce of the 
United States; and (5) will not impose an unfunded mandate on State, 
local, or tribal governments, or on the private sector by exceeding the 
threshold identified above. These analyses are summarized below.

A. Regulatory Evaluation

    This final rule does not make any changes to the requirements for a 
pilot seeking a multiengine airplane ATP certificate. Rather, this 
final rule simply removes an unintended and unnecessary training 
requirement in multiengine airplanes for a pilot seeking a single-
engine airplane ATP certificate concurrently with a single-engine 
airplane type rating, with no reduction in safety because a pilot will 
still be required to obtain specific training and be tested to receive 
the single-engine airplane type rating.
    This final rule will relieve costs for a pilot seeking an ATP 
certificate concurrently with a single-engine airplane type rating. 
Current regulations require a person seeking both an ATP and a single-
engine type rating concurrently to complete the ATP CTP.
    In order to estimate cost savings of this final rule, the FAA based 
its regulatory evaluation on the following assumptions, factors, and 
data. These are similar to those used for the regulatory evaluation of 
the proposed rule. The FAA received no comments on the regulatory 
evaluation of the proposed rule.
     The FAA uses a five-year period of analysis based on the 
most current data available at the time.
     The FAA uses a seven and three percent discount rate for 
estimating present values of cost savings as prescribed by the Office 
of Management and Budget (OMB) in Circular A-4.
     Monetized estimates for the final rule are in 2020 dollars 
by adjusting proposed rule values with the GDP deflator for 2020. OMB 
Circular A-4 recommends using the GDP deflator to adjust monetized 
effects to a constant dollar year.
     The FAA estimates costs of an ATP CTP to an applicant to 
be $5,105.
     The FAA estimates that the cost of renting a newer, all 
glass display, single-engine airplane to be approximately $179 per hour 
wet (rounded from $178.60). An airplane rented wet includes 
maintenance, insurance, fuel, airport fees, any other duties, and 
taxes.
     The FAA estimates that for an ATP practical test, a 
single-engine airplane has to be rented for three hours to practice for 
the test and two hours for the test.
     In addition to renting an airplane, a designee is 
required. The FAA estimates that the designee will cost the applicant 
$511.
     Based on data from Airlines for America (A4A), the FAA 
estimates that the average domestic round-trip fare and fees will be 
about $347.\16\
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    \16\ https://airlines.org/dataset/annual-round-trip-fares-and-fees-domestic/ Accessed October 2018.
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     Based on data from the General Services Administration 
website, for 2017, the average cost of a hotel in the continental U.S. 
is $93 per day and the average cost of the per diem, including meals 
and incidental expenses, is $51 per day.\17\
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    \17\ https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-files-archived.
---------------------------------------------------------------------------

    As previously discussed, there were no single-engine airplanes that 
required a type rating until the certification of the Cirrus Vision Jet 
(SF50) in 2016. From October 2016 through June 2021, 493 pilots 
received SF50 type ratings. Of these 493 pilots, the FAA estimates that 
40 percent could have upgraded their certificate if they had completed 
the ATP CTP, but opted to just add the SF50 type rating to their 
commercial certificate to avoid the ATP CTP training costs. Since there 
are 57 months from October 2016 through June 2021, the FAA estimates 
that there will be an average of about 9 pilots per month that will 
receive a single-engine type certificate (493 pilots divided by 57 
months), or about 108 pilots per year (9 pilots multiplied by 12 
months). The FAA then estimates that 40 percent of 108 pilots per year, 
or 43 pilots (0.4 multiplied by 108) per year, will receive savings by 
avoiding the costs of the ATP CTP.
    In order to estimate the savings for an applicant, the FAA 
estimated the avoided costs of the ATP CTP based on two options for an 
applicant. For the first option, the applicant has to complete a five 
to seven day ATP CTP provided by an FAA-authorized training provider. 
The FAA estimates the course takes an average of six days ((5 + 7)/2). 
The applicant also incurs the expense to travel to the training 
provider to take the course, get a hotel for six days, and pay a per 
diem for meals. In the case above, an ATP CTP costs $5,105, round trip 
airfare costs about $347, a hotel costs $93 a day, and meals and 
incidental expenses cost $51 a day. Using these costs, the FAA 
estimates the relief provided in this final rule saves an

[[Page 62085]]

applicant about $6,651 under this option. The following table shows the 
cost savings estimates of the first option over the five-year period of 
analysis.

                                                            Option 1--Potential Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Class         Fare        Hotel      Per diem   Avg days   #Pilots      Total cost savings         Present value
                                 -----------------------------------------------------------------------------------------------------------------------
              Year                                                                                       (A + B + ((C + D) x E)) x
                                       A            B            C           D          E          F                 F                  7%         3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................       $5,105         $347          $93        $51          6        43                   $271,588   $253,821   $263,678
2...............................        5,105          347           93         51          6        43                    271,588    237,215    255,998
3...............................        5,105          347           93         51          6        43                    271,588    221,697    248,541
4...............................        5,105          347           93         51          6        43                    271,588    207,193    241,302
5...............................        5,105          347           93         51          6        43                    271,588    193,638    234,274
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    Total (Adjusted with 2020 GDP deflator 2020:2017 = 5.3%)...........................................                  1,429,911  1,172,583  1,309,715
    Savings per pilot (2020 dollars)...................................................................                      6,651      5,454      6,092
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.

    For the second option, the applicant has to rent a single-engine 
airplane and hire a designee (check pilot) for the practical test. The 
FAA estimates that for an ATP practical test, the applicant will rent a 
single-engine airplane for five hours (three hours to practice for the 
test and two hours for the test). Using the assumptions above, the rent 
of a single-engine airplane costs approximately $178.6 per hour. The 
FAA estimates the airplane rental costs a total of approximately $893 
to rent ($178.6 multiplied by 5 total hours). The applicant also incurs 
expenses to travel to a private plane rental company, hire a designee, 
get a hotel for one day, and pay a per diem for meals. In the 
assumptions above, round trip airfare costs about $347, a designee 
would cost $511, a hotel would cost $93 a day, and meals and incidental 
expenses would cost $51 a day. Using these costs, the FAA estimates 
that in this situation the relief provided in this final rule will save 
an applicant about $1,895 under this option. The following table shows 
the cost savings estimates of the second option over the five-year 
period of analysis.

                                                            Option 2--Potential Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Fare      A/C rental    Designee     Hotel     Per diem   #Pilots          Total cost             Present value
                                 -----------------------------------------------------------------------------------------------------------------------
              Year                                                                                       (A + B + ((C + D) x E)) x
                                       A            B            C           D          E          F                 F                  7%         3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................         $347         $893         $511        $93        $51        43                    $81,485    $76,154    $79,112
2...............................          347          893          511         93         51        43                     81,485     71,172     76,807
3...............................          347          893          511         93         51        43                     81,485     66,516     74,570
4...............................          347          893          511         93         51        43                     81,485     62,165     72,398
5...............................          347          893          511         93         51        43                     81,485     58,098     70,290
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Total (Adjusted with 2020 GDP deflator 2020:2017 = 5.3%)...........................................                    407,425    334,105    373,177
    Savings per pilot (2020 dollars)...................................................................                      1,895      1,554      1,736
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.

    Using the analysis from both options, the FAA estimates that this 
final rule has present value cost savings from $334 thousand to $1.2 
million at a seven percent discount rate over the five-year period of 
analysis. At a three percent discount rate, this final rule has present 
value cost savings from $373 thousand to $1.3 million over the five-
year period of analysis. While this final rule results in small total 
cost savings with no additional costs, it will provide substantial cost 
savings to affected pilots ranging from $1,895 to $6,651 per pilot.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rulemaking 
would have a significant economic impact on a substantial number of 
small entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA. 
However, if an agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
section 605(b) of the RFA provides that the head of the agency may so 
certify, and a regulatory flexibility analysis is not required. The 
certification must include a statement providing the factual basis for 
this determination, and the reasoning should be clear.
    This final rule does not make any changes to the requirements for a 
pilot seeking a multiengine airplane ATP certificate. Rather, this 
final rule will simply remove an unintended and unnecessary training 
requirement in multiengine airplanes for a pilot seeking a single-
engine airplane ATP certificate concurrently with a single-engine 
airplane type rating, with no reduction in safety because a pilot will 
still be required to obtain specific training and be tested to receive 
the single-engine airplane type rating. This final rule relieves costs 
for a pilot seeking an ATP certificate concurrently with a single-
engine airplane type rating. This rule directly affects individual 
pilots and not small entities.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this final rule does not result in a significant 
economic impact on a substantial number of small entities.

[[Page 62086]]

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 final rule and 
determined that it has only a domestic impact and therefore no effect 
on international trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a final agency rule 
that may result in an expenditure of $100 million or more (in 1995 
dollars) in any one year by State, local, and tribal governments, in 
the aggregate, or by the private sector; such a mandate is deemed to be 
a ``significant regulatory action.'' The FAA currently uses an 
inflation-adjusted value of $155.0 million in lieu of $100 million. 
This final 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 information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    The FAA has determined that there will be no new requirement for 
information collection associated with this final rule. The FAA has 
also determined it is not necessary to amend any existing collection. 
The current paperwork filing that established the ATP CTP imposes a 
requirement for a training provider to submit a training program to the 
FAA for approval. In the original filing, it was determined there was 
no paperwork burden on a person taking the ATP CTP; therefore, this 
final rule will have no impact on that filing. The FAA also evaluated 
the paperwork filing for the Airman Certificate and/or Rating 
Application. If an applicant is seeking a multiengine airplane ATP 
certificate, submitting the ATP CTP graduation certificate is required 
as part of that collection. This final rule does not change that 
requirement; therefore, no amendment is needed.

F. International Compatibility

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

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action will 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, will not have 
Federalism implications.

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

    The FAA analyzed this final 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 
will not be a ``significant energy action'' under the executive order 
and will not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
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 final rule has no 
effect on international regulatory cooperation.

VI. How To Obtain Additional Information

A. Electronic Access and Filing

    A copy of the notice of proposed rulemaking, all comments received, 
this final rule, and all background material may be viewed online at 
https://www.regulations.gov using the docket number listed above. A 
copy of this rule will be placed in the docket. Electronic retrieval 
help and guidelines are available on the website. It is available 24 
hours each day, 365 days each year. An electronic copy of this document 
may also be downloaded from the Office of the Federal Register's 
website at https://www.federalregister.gov and the Government 
Publishing Office's website at https://www.govinfo.gov. A copy may also 
be found at the FAA's Regulations and Policies website at https://www.faa.gov/regulations_policies.
    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) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this rule, including 
economic analyses and technical reports, may be accessed in the 
electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding

[[Page 62087]]

this document, may contact its local FAA official, or the person listed 
under the FOR FURTHER INFORMATION CONTACT heading at the beginning of 
the preamble. To find out more about SBREFA on the internet, visit 
https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 61

    Aircraft, Airmen, Aviation safety.

The Amendment

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

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

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

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302, Sec. 2307 Pub. 
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).


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


Sec.  61.35  Knowledge test: Prerequisites and passing grades.

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

0
3. Amend Sec.  61.39 by revising paragraph (b) introductory text and 
paragraph (d) introductory text to read as follows:


Sec.  61.39  Prerequisites for practical tests.

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

0
4. Amend Sec.  61.153 by revising paragraph (e) to read as follows:


Sec.  61.153  Eligibility requirements: General.

* * * * *
    (e) For an airline transport pilot certificate with an airplane 
category multiengine class rating or an airline transport pilot 
certificate obtained concurrently with a multiengine airplane type 
rating, receive a graduation certificate from an authorized training 
provider certifying completion of the airline transport pilot 
certification training program specified in Sec.  61.156 before 
applying for the knowledge test required by paragraph (g) of this 
section;
* * * * *

0
5. Amend Sec.  61.155 by revising paragraph (c)(14) and removing 
paragraph (d).
    The revision reads as follows:


Sec.  61.155  Aeronautical knowledge.

* * * * *
    (c) * * *
    (14) For an airline transport pilot certificate with an airplane 
category multiengine class rating or an airline transport pilot 
certificate obtained concurrently with a multiengine airplane type 
rating, the content of the airline transport pilot certification 
training program in Sec.  61.156.

0
6. Amend Sec.  61.156 by revising the section heading and introductory 
text to read as follows:


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

    A person who applies for the knowledge test for an airline 
transport pilot certificate with an airplane category multiengine class 
rating must present a graduation certificate from an authorized 
training provider under part 121, 135, 141, or 142 of this chapter 
certifying the applicant has completed the following training in a 
course approved by the Administrator.
* * * * *

0
7. Amend Sec.  61.160 by revising paragraphs (a) introductory text, (b) 
introductory text, (c) introductory text, and paragraphs (d), (e), and 
(f) to read as follows:


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

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

[[Page 62088]]

    (e) A person who applies for an airline transport pilot certificate 
under the total flight times listed in paragraphs (a), (b), (c), and 
(d) of this section must otherwise meet the aeronautical experience 
requirements of Sec.  61.159, except that the person may apply for an 
airline transport pilot certificate with 200 hours of cross-country 
flight time.
    (f) A person may apply for an airline transport pilot certificate 
with an airplane category multiengine class rating or an airline 
transport pilot certificate concurrently with a multiengine airplane 
type rating if the person has 1,500 hours total time as a pilot, 200 
hours of cross-country flight time, and otherwise meets the 
aeronautical experience requirements of Sec.  61.159.
* * * * *

0
8. Amend Sec.  61.165 by revising paragraphs (c)(2), (f) introductory 
text, and (f)(2) to read as follows:


Sec.  61.165  Additional aircraft category and class ratings.

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

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on or about November 3, 2021.
Steve Dickson,
Administrator.
[FR Doc. 2021-24411 Filed 11-8-21; 8:45 am]
BILLING CODE 4910-13-P


