# 77 FR 12374: Pilot Certification and Qualification Requirements for Air Carrier Operations

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2012-4627

## Section

- **Citation:** 77 FR 12374
- **Heading:** Pilot Certification and Qualification Requirements for Air Carrier Operations
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 77 / 77 FR 12374

## Text

DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61, 121, 135, 141, and 142 [Docket No. FAA-2010-0100; Notice No. 12-01] RIN 2120-AJ67 Pilot Certification and Qualification Requirements for Air Carrier Operations AGENCY:
Federal Aviation Administration (FAA), DOT.

ACTION:
Notice of proposed rulemaking (NPRM).

SUMMARY:
This action would create new certification requirements for pilots in air carrier operations. The proposal would require a second in command (first officer) in part 121 operations to hold an airline transport pilot (ATP) certificate and a type rating for the aircraft to be flown. The FAA proposes to allow pilots with an aviation degree or military pilot experience to obtain an ATP certificate with restricted privileges with fewer than 1,500 hours total time as a pilot. The proposal also would require at least 1,000 flight hours in air carrier operations in order to serve as a pilot in command in part 121 air carrier operations. Finally, the FAA is proposing to modify an ATP certificate with an airplane category multiengine class rating or type rating to require 50 hours of multiengine flight experience and completion of a new FAA-approved ATP Certification Training Program for a Multiengine Class Rating or Type Rating that would include academic training and training in a flight simulation training device. These proposed requirements would ensure that pilots have proper qualifications and experience in difficult operational conditions and in a multicrew environment prior to serving as pilot flightcrew members in air carrier operations.

DATES:
Send your comments on or before April 30, 2012.

ADDRESSES:
You may send comments identified by Docket Number FAA-2010-0100 using any of the following methods:
• Federal Rulemaking 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
n air carrier operations.

DATES:
Send your comments on or before April 30, 2012.

ADDRESSES:
You may send comments identified by Docket Number FAA-2010-0100 using any of the following methods:
• Federal Rulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically.
• Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
• Hand Delivery or Courier: 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.
For more information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the electronic form of all comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov .
Docket: To read background documents or comments received, go to http://www.regulations.gov at any time and follow the online instructions for accessing the docket, or, 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
y visit http://DocketsInfo.dot.gov .
Docket: To read background documents or comments received, go to http://www.regulations.gov at any time and follow the online instructions for accessing the docket, or, 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 concerning this proposed rule contact Barbara Adams, Aircraft Certification Service, AIR-230, Federal Aviation Administration, 950 L'Enfant Plaza SW., Suite 500, Washington, DC 20024; telephone (202) 385-4286; facsimile (202) 385-6475; email barbara.adams@faa.gov . For legal questions concerning this proposed rule contact Anne Moore, Office of the Chief Counsel—Regulations Division, AGC-240, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3123; facsimile (202) 267-7971; email anne.moore@faa.gov .

SUPPLEMENTARY INFORMATION:
Later in this preamble under the Additional Information section, we discuss how you can comment on this proposal and how we will handle your comments. Included in this discussion is related information about the docket, privacy, and the handling of proprietary or confidential business information. We also discuss how you can get a copy of related rulemaking documents.
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. 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 Subtitle VII, Part A, Subpart III, Section 447. Under that section, the FAA is charged with prescribing regulations for the issuance of airman certificates
tes Code. 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 Subtitle VII, Part A, Subpart III, Section 447. Under that section, the FAA is charged with prescribing regulations for the issuance of airman certificates. In addition, the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216) specifically directed the FAA to conduct a rulemaking proceeding to amend 14 CFR part 61 to modify the requirements for issuance of an ATP certificate. This regulation is within the scope of that authority.
List of Abbreviations and Acronyms Frequently Used in This Document
ANPRM—Advance Notice of Proposed Rulemaking ARC—Aviation Rulemaking Committee ATP—Airline Transport Pilot FOQ ARC—First Officer Qualifications Aviation Rulemaking Committee FSTD—Flight Simulation Training Device NPRM—Notice of Proposed Rulemaking PIC—Pilot in Command (Captain) SIC—Second in Command (First Officer) Table of Contents
I. Overview II. Background A. Statement of the Problem B. Current Requirements C. History of the Proposed Rule 1. Advance Notice of Proposed Rulemaking (ANPRM) 2. First Officer Qualifications Aviation Rulemaking Committee (FOQ ARC) 3. National Transportation Safety Board (NTSB) Recommendations 4. Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216) D. Related Rulemakings III. General Discussion of the Proposal A. ATP Certificate for All Pilots Operating Under Part 121 B. Aeronautical Experience Requirement in the Class of Airplane for the ATP Certificate Sought C. Aircraft Type Rating for All Pilots Operating Under Part 121 D. ATP Certification Training Program for an Airplane Category Multiengine Class Rating or Type Rating E. ATP Certificate With Restricted Privileges Based on Academic or Military Training F
Certificate for All Pilots Operating Under Part 121 B. Aeronautical Experience Requirement in the Class of Airplane for the ATP Certificate Sought C. Aircraft Type Rating for All Pilots Operating Under Part 121 D. ATP Certification Training Program for an Airplane Category Multiengine Class Rating or Type Rating E. ATP Certificate With Restricted Privileges Based on Academic or Military Training F. Minimum of 1,000 Hours in Air Carrier Operations To Serve as PIC in Part 121 Operations IV. Regulatory Notices and Analyses I. Overview
As discussed in greater detail throughout this document, this rulemaking proposes to modify the requirements for pilots operating in part 121 air carrier operations. Additionally, it would amend the requirements for all pilots seeking to obtain an airline transport pilot (ATP) certificate with an airplane category multiengine class rating and/or type rating. The new requirements would ensure that all pilots entering an air carrier environment have a background of training and aeronautical experience that would allow them to adapt to a complex, multicrew environment in a variety of operating conditions.
The proposed requirements would most affect any individual seeking an ATP certificate with an airplane category multiengine class rating. The proposed requirements would also affect any person wanting to serve as pilot in command (PIC) in part 121 air carrier operations as well as an individual wishing to serve as PIC in part 91 subpart K operations or part 135 operations as defined by § 91.1053(a)(2)(i) or § 135.243(a)(1). In addition, persons wanting to serve as second in command (SIC) in part 121 air carrier operations would be affected by the proposed rules. Any certificate holders approved under part 121, 135, 141, or 142 would be affected by the proposed rule if they choose to offer the proposed ATP Certification Training Program.
A general summary of current versus proposed pilot certification requirements is included in the following table
erve as second in command (SIC) in part 121 air carrier operations would be affected by the proposed rules. Any certificate holders approved under part 121, 135, 141, or 142 would be affected by the proposed rule if they choose to offer the proposed ATP Certification Training Program.
A general summary of current versus proposed pilot certification requirements is included in the following table.
Scenario Current regulations Proposed regulations Receive an ATP certificate with airplane category and multiengine class rating Be at least 23 years old, hold a commercial pilot certificate with instrument rating, pass a knowledge test and practical test, and have at least 1,500 hours total time as a pilot Meet all of the requirements in the current regulations, successfully complete a new ATP Certification Training Program before taking the ATP knowledge test, and have a minimum of 50 hours in class of airplane. Receive an ATP certificate with restricted privileges (multiengine class rating only) None Be at least 21 years old, hold a commercial pilot certificate with instrument rating, successfully complete a new ATP Certification Training Program, pass ATP knowledge and practical tests, and for military pilots, have a minimum of 750 hours total time as a pilot, or for a graduate of an aviation degree program, have a minimum of 1,000 hours total time as a pilot. Serve as a second in command (first officer) in part 121 air carrier operations Hold a commercial pilot certificate with appropriate category and class ratings and an instrument rating Hold an ATP certificate with appropriate aircraft type rating OR Hold an ATP certificate with restricted privileges and an appropriate aircraft type rating
ogram, have a minimum of 1,000 hours total time as a pilot. Serve as a second in command (first officer) in part 121 air carrier operations Hold a commercial pilot certificate with appropriate category and class ratings and an instrument rating Hold an ATP certificate with appropriate aircraft type rating OR Hold an ATP certificate with restricted privileges and an appropriate aircraft type rating. Serve as pilot in command (captain) in part 121 air carrier operations Hold an ATP certificate with appropriate aircraft type rating and have at least 1,500 hours of total time as a pilot Meet all of the requirements in the current regulations and have a minimum of 1,000 flight hours in air carrier operations (as an SIC in part 121 operations, a PIC in operations under either § 135.243(a)(1) or § 91.1053(a)(2)(i), or any combination thereof). The FAA began considering changes to the certification requirements for SICs in part 121 operations in early 2010, when it published an advance notice of proposed rulemaking (ANPRM) entitled “New Pilot Certification Requirements for Air Carrier Operations.” (75 FR 6164, February 8, 2010). The ANPRM sought input on current part 121 pilot eligibility, training, and qualification requirements for SICs. The FAA received nearly 1,300 comments to the ANPRM, including comments from airlines, associations, universities, and individual pilots. Most agreed that the FAA should strengthen part 121 SIC certification requirements, although they recommended various methods for improvement.
In order to help develop potential changes to part 121 SIC certification requirements, the FAA chartered an aviation rulemaking committee (ARC) in July 2010. The ARC, comprised of a cross section of the aviation industry, recommended new minimum certification levels and aeronautical experience requirements for SICs, as well as additional flight and ground training requirements
s for improvement.
In order to help develop potential changes to part 121 SIC certification requirements, the FAA chartered an aviation rulemaking committee (ARC) in July 2010. The ARC, comprised of a cross section of the aviation industry, recommended new minimum certification levels and aeronautical experience requirements for SICs, as well as additional flight and ground training requirements. Additionally, the ARC developed a method for crediting various types of academic training and flight experience towards the minimum required flight hours for SICs. Before the ARC could submit its final recommendations, President Obama signed the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216) (the “Act”), which included several specific provisions related to modifying the ATP certification requirements to prepare pilots to operate more safely in air carrier operations. The FAA asked the ARC to consider the provisions of sections 216 and 217 of the Act in developing its final recommendations.
The current proposals in this NPRM are consistent with the statutory mandates set forth in the Act.
Public Law 111-216 Sections 216 & 217 NPRM 1. All part 121 flightcrew members must hold an ATP by August 2, 2013. (216) An SIC in part 121 must have one of the following: • ATP certificate. • Restricted Privileges ATP certificate. 2. To be qualified to receive an ATP, an individual shall have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment; and have received flight training, academic training, or operational experience * * * to function effectively in an air carrier operational environment. (217) Restricted Privileges ATP certificate. Minimum number of flight hours shall be at least 1,500 flight hours. (217) A pilot need not fully comply with the flight hours requirement above provided specific academic training courses, beyond those listed below, as determined by the Administrator. (217) 3
perational experience * * * to function effectively in an air carrier operational environment. (217) Restricted Privileges ATP certificate. Minimum number of flight hours shall be at least 1,500 flight hours. (217) A pilot need not fully comply with the flight hours requirement above provided specific academic training courses, beyond those listed below, as determined by the Administrator. (217) 3. All part 121 flightcrew members must have an appropriate amount of multi-engine flight experience, as determined by the Administrator. (216) 50 hours of aeronautical experience in class of airplane required for an ATP. Aircraft type rating for part 121 SICs. 1,000-hour minimum air carrier experience so serve as a PIC in part 121 operations. 4. To be qualified to receive an ATP an individual shall have received flight training, academic training, or operational experience that will prepare a pilot to: ATP Certification Training Course. a. function in a multipilot environment; b. function in adverse weather conditions (icing); c. function during high altitude operations; d. to adhere to the highest professional standards; and e. function in an air carrier operational environment. (217) The total flight hours should include sufficient flight hours in difficult operational conditions. (217) 5. To be qualified to receive an ATP, an individual shall have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment. (217) 1,000-hour minimum air carrier experience to serve as a PIC in part 121 operations. 6. Prospective flightcrew members must undergo comprehensive pre-employment screening, including an assessment of the skills, aptitudes, airmanship, and suitability * * * for operating in an air carrier operational environment. (216) Revised ATP requirements (ATP certification training course, higher total time, and multiengine time). Aircraft type rating for the aircraft to be flown in part 121 operations (SIC)
flightcrew members must undergo comprehensive pre-employment screening, including an assessment of the skills, aptitudes, airmanship, and suitability * * * for operating in an air carrier operational environment. (216) Revised ATP requirements (ATP certification training course, higher total time, and multiengine time). Aircraft type rating for the aircraft to be flown in part 121 operations (SIC). 1,000-hour minimum air carrier experience so serve as a PIC in part 121 operations. The FAA also considered the responses to the ANPRM, the ARC recommendations, and National Transportation Safety Board (NTSB) safety recommendations when developing the NPRM, insofar as the recommendations and comments did not conflict with the Act's requirements. Throughout this document, the FAA invites commenters to address specific questions, along with any other matters they consider relevant. The FAA is particularly interested in receiving recommendations that would provide the same or better level of experience and training for pilots in air carrier operations at lower cost. Any recommendations should take into account the requirements of sections 216 and 217 of the Act. The FAA may incorporate any such recommendations in a final rule in this proceeding.
The FAA estimates that the cost will be minimal for the requirement of 50 hours of multiengine time for the ATP certificate with an airplane category multiengine class rating or type rating. The FAA also estimates as minimal the costs of the requirement that a pilot have 1,000 hours of air carrier operating experience prior to serving as a part 121 PIC.
As discussed in more detail below, on a pre-statute basis, the proposed rule has costs that far exceed its benefits. However, about 75 percent of these costs (about $55 million annualized) are the result of the underlying statutory requirement that all pilots operating under part 121 have an ATP by August 1, 2013
1,000 hours of air carrier operating experience prior to serving as a part 121 PIC.
As discussed in more detail below, on a pre-statute basis, the proposed rule has costs that far exceed its benefits. However, about 75 percent of these costs (about $55 million annualized) are the result of the underlying statutory requirement that all pilots operating under part 121 have an ATP by August 1, 2013. Although the FAA currently requires 1,500 hours for an ATP certificate, the requirement for all part 121 flightcrew members to hold an ATP certificate will take effect whether or not a regulation is issued. If the FAA were not to use its authority to allow credit for academic credit, these projected costs would rise to more than $87 million annualized. Therefore, the costs associated with this provision are attributable to the statute, not this proposed regulation. The rule has been proposed largely to reflect the requirements of the statute. Accordingly, the table below shows the expected costs of the remaining two primary cost drivers of the proposed rule along with the expected benefits.
Total cost ($ mil) PV cost ($ mil) Annualized PV cost ($ mil) Part 121 ATP Certificate Requirement $1,575.2 $582.0 $54.9 Type Rating (Part 121 Operators Only) 3.4 0.3 ATP Certification Training Program 443.3 196.9 18.6 Total Social Cost (Pre-statutory baseline) 2,018.5 782.4 73.9 Costs Attributable to Proposed Rule (Post-statutory baseline) 443.3 200.4 18.9 Total benefits ($ mil) PV benefits ($ mil) Annualized PV benefits Total Social Benefit $896.0 $384.1 $36.3 Notes: 1. Although a social cost, the cost of the ATP certificate requirement is not a cost attributable to the proposed rule, as the requirement is specifically mandated by the Airline Safety Act of 2010. 2. Although incremental total costs of the type rating are zero, incremental present value costs are positive. See discussion in the Regulatory Notices & Analyses section. 3. The same flight test qualifies a pilot for both the ATP certificate and the type rating
quirement is not a cost attributable to the proposed rule, as the requirement is specifically mandated by the Airline Safety Act of 2010. 2. Although incremental total costs of the type rating are zero, incremental present value costs are positive. See discussion in the Regulatory Notices & Analyses section. 3. The same flight test qualifies a pilot for both the ATP certificate and the type rating. The incremental present value cost of the type rating requirement ($3.4 million) occurs because more current pilots have ATP certificates than type ratings. 4. Owing to a requirement of a preliminary version of this paper, the incremental cost of the type rating requirement includes the cost of the ATP written exam. As this is an extremely small cost, it is not reallocated here to the cost of the ATP certification requirement. 5. Annualized PV Cost/Benefit is the annual cash flow of the 20-year annuity that yields the same present value as the cost/benefit item. 6. Column sums may be off one or more units from totals owing to rounding. II. Background
A. Statement of the Problem
The 2009 Colgan Air accident outside of Buffalo, New York, focused public and Congressional attention on multiple aspects of current air carrier requirements, including the level of training and experience of pilots in part 121 air carrier operations. The accident raised questions regarding whether SICs should be held to the same training and flight hour requirements as PICs, and whether a pilot's overall academic training and the quality of the flight training were as important as the total number of flight hours. The accident also raised questions regarding pilot professionalism and whether pilots received sufficient experience in a multicrew environment.
In an effort to address these questions, the FAA evaluated recent accidents in parts 121 and 135 to determine whether current certification requirements are sufficient to produce pilots who can enter an air carrier environment and train and perform their duties effectively
ised questions regarding pilot professionalism and whether pilots received sufficient experience in a multicrew environment.
In an effort to address these questions, the FAA evaluated recent accidents in parts 121 and 135 to determine whether current certification requirements are sufficient to produce pilots who can enter an air carrier environment and train and perform their duties effectively. The accident reports revealed deficiencies in several areas involving training in aircraft manual handling skills, stall and upset recognition and recovery, high altitude operations, pilot monitoring skills, effective CRM, stabilized approaches, and operations in icing conditions. The six proposals in this NPRM are the result of analysis of the accident reports, recommendations of the First Officer Qualification Aviation Rulemaking Committee (FOQ ARC), and the requirements set forth in Public Law 111-216. The proposals are directed at improving the knowledge and skills of pilots before they serve as a required crewmember in air carrier operations.
B. Current Requirements
Currently, a pilot serving as PIC in part 121 operations must hold an ATP certificate and a type rating for the aircraft flown. Prior to applying for an ATP practical test, a pilot must hold a commercial pilot certificate with an instrument rating, have 1,500 hours total time as a pilot, be 23 years of age, and pass the ATP knowledge test. After a pilot has obtained a commercial pilot certificate, there are no additional ground or flight training requirements prior to applying for an ATP certificate with an airplane category multiengine class rating. In addition, a pilot applying for an ATP certificate with an airplane category multiengine class rating is not required to obtain any additional experience in a multiengine airplane beyond the minimal hours required for a commercial pilot certificate with a multiengine class rating
ht training requirements prior to applying for an ATP certificate with an airplane category multiengine class rating. In addition, a pilot applying for an ATP certificate with an airplane category multiengine class rating is not required to obtain any additional experience in a multiengine airplane beyond the minimal hours required for a commercial pilot certificate with a multiengine class rating. A pilot who holds an ATP certificate may serve as PIC in part 121 operations with no prior experience in a part 121 air carrier environment.
Current regulations for part 121 air carrier operations require the SIC to hold at least a commercial pilot certificate with appropriate category and class ratings and an instrument rating. To be eligible for a commercial pilot certificate with an airplane category rating, an applicant must be at least 18 years of age and have 250 hours of flight time (less if the certificate is obtained under a part 141 pilot school or a part 142 training center). An applicant for a commercial pilot certificate with an airplane category multiengine class rating could obtain the certificate with minimal hours of flight time in a multiengine airplane. An SIC in part 121 air carrier operations is not currently required to have an aircraft type rating for the aircraft flown in revenue service; however, an SIC may be required to have a pilot type rating under § 61.55 for flag operations.
C. History of the Proposed Rule
1. Advance Notice of Proposed Rulemaking (ANPRM)
On February 8, 2010, the FAA published an advance notice of proposed rulemaking (ANPRM) seeking public input on whether current eligibility, training, and qualification requirements for commercial pilots were adequate (75 FR 6164). In the ANPRM, the Agency asked whether all part 121 pilots should hold an ATP certificate and whether they should have 1,500 flight hours even without holding an ATP certificate
ry 8, 2010, the FAA published an advance notice of proposed rulemaking (ANPRM) seeking public input on whether current eligibility, training, and qualification requirements for commercial pilots were adequate (75 FR 6164). In the ANPRM, the Agency asked whether all part 121 pilots should hold an ATP certificate and whether they should have 1,500 flight hours even without holding an ATP certificate. Additionally, the Agency asked if academic training could substitute for required flight hours, and, if so, what types of training and how much credit should a pilot receive for the training. Finally, the Agency asked if there should be specific ground or flight training required of part 121 pilots. The comment period for the ANPRM closed on April 9, 2010. The FAA received comments from nearly 1,300 commenters, including flight schools, flight school associations, pilot associations, major and regional carriers, and individuals.
Before the FAA could issue a notice of proposed rulemaking (NPRM) based on the comments from the ANPRM, Public Law 111-216 was enacted on August 1, 2010. The Act sets forth a number of mandates which preclude several of the options underlying the questions posed in the ANPRM. While the FAA has considered and appreciates all of the comments received in response to the ANPRM, the following discussion of the comments focuses on those areas for which the FAA continues to have discretion. All of the comments are publicly available in the docket.
a. Effect of Aviation Degrees on Pilot Knowledge Base and Credit for Academic Study
The FAA asked whether pilots who graduate from accredited aviation universities have a stronger knowledge base than pilots without an aviation degree. The FAA also asked whether academic study should be credited for a portion of the required number of flight hours and whether only certain types of academic studies should be credited
n Degrees on Pilot Knowledge Base and Credit for Academic Study
The FAA asked whether pilots who graduate from accredited aviation universities have a stronger knowledge base than pilots without an aviation degree. The FAA also asked whether academic study should be credited for a portion of the required number of flight hours and whether only certain types of academic studies should be credited.
With respect to the question of whether academic study leads to a stronger knowledge base, 781 commenters agreed, including Aviation Accreditation Board International (AABI), Air Line Pilots Association (ALPA), Boeing, International Air Transport Association (IATA), Pilot Career Initiative (PCI), Society of Aviation and Flight Educators (SAFE), Cape Air Nantucket Airlines, and the University Aviation Association (UAA). Most supporters credited the structured learning environment of accredited aviation universities as the major factor in providing a strong knowledge base. Additionally, commenters cited a 2010 Pilot Source Study 1 as evidence that graduates from accredited aviation universities perform better in training. Atlantic Southeast Airlines (ASA), General Aviation Manufacturers Association (GAMA), Regional Airline Association (RAA), and Southern Illinois University Carbondale (SIU) stated graduates of aviation universities took courses pertinent to air carrier operations, which better prepared the graduates for working in an air carrier environment. However, a few commenters noted that, while aviation university graduates do have a stronger
1 A copy of this study is in the docket for this NPRM.
Forty-one commenters did not agree that aviation degrees lead to a stronger knowledge base. Over half of these commenters, including Ameristar Air Cargo and the Coalition of Airline Pilots Associations (CAPA), believed academics cannot substitute for actual flight experience
oted that, while aviation university graduates do have a stronger
1 A copy of this study is in the docket for this NPRM.
Forty-one commenters did not agree that aviation degrees lead to a stronger knowledge base. Over half of these commenters, including Ameristar Air Cargo and the Coalition of Airline Pilots Associations (CAPA), believed academics cannot substitute for actual flight experience. Other commenters, including Air Transport Association of America (ATA) and CAPA, stated that quality training was also available outside of aviation universities, including the military.
With respect to the question of crediting academic study toward flight time, 761 commenters, including Boeing, PCI, and the University of Alaska Anchorage Aviation Technology Division, supported the idea. Approximately 700 of these commenters, including AABI, ALPA, Continental Airlines, and the Professional Aviation Board of Certification (PABC), believed in crediting only academics from accredited universities. SAFE and UAA supported crediting any academics related to air carrier operations, regardless of where they were obtained. Two commenters proposed allowing credit for courses from 14 CFR part 141 pilot schools and part 142 training centers. The University of Alaska Anchorage Aviation Technology Division, RAA, National Business Aviation Association (NBAA), ATA, and PCI, agreed with crediting academics but suggested the requirements and standards for doing so need to be determined by an ARC or expert panel.
There were 114 commenters opposed to crediting any academic study in lieu of flight time. Most of these commenters, including American Association for Justice, Ameristar Air Cargo, CAPA, IATA, and the National Transportation Safety Board (NTSB), stated academics cannot substitute for actual experience.
The FAA believes structured academic study can provide a solid foundation that is focused and can prepare a pilot for a career at an air carrier
academic study in lieu of flight time. Most of these commenters, including American Association for Justice, Ameristar Air Cargo, CAPA, IATA, and the National Transportation Safety Board (NTSB), stated academics cannot substitute for actual experience.
The FAA believes structured academic study can provide a solid foundation that is focused and can prepare a pilot for a career at an air carrier. Additionally, section 217 of the Act allows the FAA to credit specific academic training courses towards the total number of required flight hours for an ATP certificate.
b. Minimum Number of Flight Hours With Academic Credit
The FAA asked if pilots who receive credit for academic study should still have a minimum number of flight hours before serving as SIC in part 121 air carrier operations. The FAA offered 750 hours as a possible minimum and sought comment on whether that number was too high, too low, or adequate.
Over 760 commenters favored a minimum hour requirement, although they varied in response to the proposed 750-hour minimum. Approximately 700 of these commenters, including UAA, the University of Alaska Anchorage Aviation Technology Division, and JetBlue Airways, believed 750 hours was too high. Many of those in favor of a lower number of flight hours sited the Pilot Source Study, which claimed pilots with as few as 500 hours performed safely and professionally in part 121 air carrier operations. ALPA, ATA, Calspan Corporation, and SIU stated 750 hours was appropriate, though they offered a variety of conditional reductions for certain qualifications, such as for graduates of aviation colleges or pilots employed by airlines with “formal AQP-developed ab initio programs.” Twenty-one commenters, including Ameristar Air Cargo and CAPA, felt 750 hours was too low, indicating that more flight experience leads to better, safer pilots.
Twenty-four commenters were not in favor of any minimum hour requirement
nal reductions for certain qualifications, such as for graduates of aviation colleges or pilots employed by airlines with “formal AQP-developed ab initio programs.” Twenty-one commenters, including Ameristar Air Cargo and CAPA, felt 750 hours was too low, indicating that more flight experience leads to better, safer pilots.
Twenty-four commenters were not in favor of any minimum hour requirement. Half of those commenters, including AABI, ASA, Continental Airlines Express, Continental Airlines, and GAMA, stated any minimum requirement would be arbitrary and would not guarantee a higher level of safety. Other commenters stated the FAA should focus on improving overall pilot training rather than hour requirements.
The University of Alaska Anchorage Technical Division, SAFE, and PABC recommended that an ARC or an expert panel should determine if minimum hour requirements were necessary and, if so, what that minimum should be.
The FAA believes actual flight experience is valuable in preparing a pilot to fly in an air carrier environment. The FAA also believes structured academic study can provide a solid foundation that is focused and can prepare a pilot for a career at an air carrier as well. Additionally, section 217 of Public Law 111-216 allows the FAA to credit specific academic training courses to count towards the number of required flight hours for an ATP certificate.
c. Improving Existing Monitoring, Evaluation, Information Collection Requirements, and Enforcement Associated With Pilot Performance
The FAA sought input on whether existing regulations could be amended to improve pilot performance and increase safety. Approximately 60 commenters responded to this question, offering a variety of ways to strengthen existing programs.
Many of the commenters cited the need for greater disclosure of pilot records to facilitate screening of prospective pilots
nt Associated With Pilot Performance
The FAA sought input on whether existing regulations could be amended to improve pilot performance and increase safety. Approximately 60 commenters responded to this question, offering a variety of ways to strengthen existing programs.
Many of the commenters cited the need for greater disclosure of pilot records to facilitate screening of prospective pilots. AABI, Calspan Corporation, Cape Air Nantucket Airlines, PABC, Pilot Career Initiative/Delta Connection Academy, and SAFE suggested an applicant's examination, accident, and incident record be divulged to the examiner or air carrier when he or she is seeking a new certificate, rating, or employment. Others, including Ameristar Air Cargo and the Liberty University School of Aeronautics, called for greater ability to track pilot performance, so carriers could offer additional training to underperforming pilots and pair them with more skilled pilots in a mentoring situation. The Liberty University School of Aeronautics also proposed requiring more time in aircraft type for new captains. The RAA advocated air carrier access to the FAA database of pilot checkride evaluations and enforcement actions for hiring purposes. Commenters also recommended expanding the use of voluntary reporting systems such as ASAP and FOQA. Proponents of these systems included ALPA, Continental Airlines Express, CAPA, and Continental Airlines.
Additionally, commenters suggested modifying existing certificate requirements. Several commenters stated the current minimum hours for both commercial and ATP certificates do not reflect today's more complex airspace and aircraft and that more hours are needed to ensure a pilot has the necessary skills. Others recommended “richer” simulator training sessions that are a closer approximation of actual flying conditions. One commenter stated that, in addition to an ATP certificate, a type rating should be required because a type rating demonstrates a greater knowledge of the specific aircraft being flown
airspace and aircraft and that more hours are needed to ensure a pilot has the necessary skills. Others recommended “richer” simulator training sessions that are a closer approximation of actual flying conditions. One commenter stated that, in addition to an ATP certificate, a type rating should be required because a type rating demonstrates a greater knowledge of the specific aircraft being flown. A few commenters suggested less reliance on simulators and more time in an aircraft to teach pilots how to respond better to emergency situations, such as stalls and spins.
The Act addresses many of the areas identified in the comments, including access to pilot records, pilot performance monitoring, safety management systems, and reporting systems. These issues will be the focus of future FAA actions. To the extent that the comments relate to pilot certification requirements, the FAA will consider the comments in light of the
2. First Officer Qualifications Aviation Rulemaking Committee (FOQ ARC)
In response to the ANPRM, the FAA Administrator chartered the FOQ ARC on July 16, 2010. The ARC was comprised of a cross section of the aviation industry with participation from:
• Air Line Pilots Association, International (ALPA)
• Air Transport Association of America, Inc. (ATA)
• Aircraft Owners and Pilots Association (AOPA)
• Aviation Accreditation Board International (AABI)
• The Coalition of Airline Pilots Associations (CAPA)
• National Air Disaster Alliance/Foundation (NADA/F)
• National Business Aviation Association (NBAA)
• Pilot Career Initiative (PCI)
• Regional Airline Association (RAA)
The FOQ ARC provided a forum for the U.S. aviation community to discuss flight experience and training requirements to fly as a first officer (second in command) in a part 121 air carrier operation. The ARC also evaluated the comments received in response to the ANPRM
ADA/F)
• National Business Aviation Association (NBAA)
• Pilot Career Initiative (PCI)
• Regional Airline Association (RAA)
The FOQ ARC provided a forum for the U.S. aviation community to discuss flight experience and training requirements to fly as a first officer (second in command) in a part 121 air carrier operation. The ARC also evaluated the comments received in response to the ANPRM. Specifically, the ARC considered and addressed:
• What should be the minimum certification level required of a First Officer?
• What should be the minimum flight hour experience requirements of a First Officer?
• Can academic training substitute for hours of experience? If so, what subjects and how much flight experience?
• Should there be an air carrier endorsement on a commercial pilot certificate? If so, what kind of flight and ground training should be required?
• Should there be an operational experience requirement (e.g. high altitude, icing) before being permitted to operate as a First Officer?
As a result of the enactment of Public Law 111-216, the Administrator also asked the FOQ ARC to define the flight hours and/or experience in difficult operating conditions that are necessary to prepare a pilot for part 121 air carrier operations. Based on academic references, review of available data in the subject area, and the FOQ ARC's experience in part 121 operations and training, the FOQ ARC members developed recommendations in these areas.
Although the FAA has considered the FOQ ARC's recommendations in drafting this proposed rule, the Agency retains the authority and obligation to evaluate proposals and independently determine how best to amend existing regulations in accordance with the requirements of the Act. A copy of the FOQ ARC's final report is available for inspection in the docket to this proposed rule
ns in these areas.
Although the FAA has considered the FOQ ARC's recommendations in drafting this proposed rule, the Agency retains the authority and obligation to evaluate proposals and independently determine how best to amend existing regulations in accordance with the requirements of the Act. A copy of the FOQ ARC's final report is available for inspection in the docket to this proposed rule.
FOQ ARC Recommendations
Substitution of Academic Training for Flight Experience
One of the most challenging topics the ARC was tasked to evaluate was what, if any, academic training courses or programs could be used to replace actual flight experience. The FOQ ARC developed an academic credit system that assessed the quality of each potential component of typical pilots' education and experience. The ARC's system gives credit for both the pilot's total flight-hour experience and specific academic training. The ARC reasoned that certain types of experience and training were more effective in preparing a pilot to transition to an air carrier environment. Although all members of the ARC agreed education was essential to producing safe and effective crewmembers, two FOQ ARC member organizations filed minority opinions disagreeing with the concept of awarding flight-hour credit for academic training.
The FAA believes that, in certain circumstances, the combination of focused academic training and structured flight training can substitute for actual flight experience. Additionally, the FAA finds value in the concept of awarding credit for flight experience that is more applicable to part 121 operations (e.g. multiengine, multicrew aircraft experience); however, it does not believe the Act permits this sort of credit to reduce the minimum required flight hours for the ATP certificate.
Type Rating for the Aircraft Being Flown for Pilots in Part 121 Air Carrier Operations
The ARC unanimously proposed that all SICs in part 121 air carrier operations have an appropriate type rating for the aircraft to be flown
ine, multicrew aircraft experience); however, it does not believe the Act permits this sort of credit to reduce the minimum required flight hours for the ATP certificate.
Type Rating for the Aircraft Being Flown for Pilots in Part 121 Air Carrier Operations
The ARC unanimously proposed that all SICs in part 121 air carrier operations have an appropriate type rating for the aircraft to be flown. The ARC believes that training required to obtain a type rating exposes the pilot to an advanced multiengine aircraft and a multicrew environment.
The FAA tentatively agrees that requiring all SICs in part 121 air carrier operations to possess an appropriate type rating for the aircraft to be flown would provide all pilot crewmembers the qualifications necessary to operate in difficult conditions.
50 Hours of Multiengine Experience for an ATP Certificate With a Multiengine Class Rating
The FOQ ARC reviewed the requirements of the Act and recommended 50 hours of multiengine experience as a prerequisite for an applicant for an ATP certificate with a multiengine class rating.
The FAA agrees additional multiengine experience would benefit all pilots who are required to hold an ATP certificate with a multiengine class rating. In addition, this recommendation would further the requirements of section 216 of the Act, which requires the Administrator to determine the appropriate amount of multiengine flight hours.
“Advanced jet training” for Crewmembers Entering Part 121 Service With a “SIC Only” ATP
The FOQ ARC unanimously proposed an “advanced jet training” (AJT) course designed to give instruction in air carrier flightcrew operations in a multiengine aircraft, emphasizing the transition of the professionally qualified pilot to a highly skilled member of an air carrier flightcrew
iengine flight hours.
“Advanced jet training” for Crewmembers Entering Part 121 Service With a “SIC Only” ATP
The FOQ ARC unanimously proposed an “advanced jet training” (AJT) course designed to give instruction in air carrier flightcrew operations in a multiengine aircraft, emphasizing the transition of the professionally qualified pilot to a highly skilled member of an air carrier flightcrew. The ARC proposed course topics including crew resource management (CRM), flightcrew training techniques, high speed and high altitude programming of automatic flight control systems, transport aircraft flight techniques, turbojet operations in all flight regimes and in difficult operational conditions, and use of advanced avionics. The FOQ ARC recommended AJT courses be approved by the FAA to ensure a structured quality training experience. The members of the FOQ ARC recommended that the flight training for the proposed course only be accomplished in simulators.
The FAA agrees that there may be value in a foundational course designed to prepare a pilot for the complexities of air carrier operations. The FAA also believes that if this training were required at the ATP certification level it could address the gap in knowledge between the aeronautical knowledge of a commercial pilot and the knowledge a pilot should have prior to entering an air carrier environment. This training course would provide the flight training in difficult operating conditions required by section 217 of the Act.
New ATP Practical and a New ATP Written Exam
The FOQ ARC also identified the aeronautical knowledge and flight proficiencies it believes are essential to part 121 first officer qualifications and
The FAA tentatively agrees the ATP knowledge test should be revised to incorporate new knowledge areas specific to air carrier operations and difficult operational conditions. The FAA believes that including these new knowledge areas in the ATP knowledge test would respond to the requirements of section 217 of the Act
iencies it believes are essential to part 121 first officer qualifications and
The FAA tentatively agrees the ATP knowledge test should be revised to incorporate new knowledge areas specific to air carrier operations and difficult operational conditions. The FAA believes that including these new knowledge areas in the ATP knowledge test would respond to the requirements of section 217 of the Act.
Quality Assurance and Oversight
The FOQ ARC believes that its recommendations to the FAA should, if implemented, be examined and analyzed over time to ensure their effectiveness. The FOQ ARC recommended that a data collection process be instituted for continuous feedback on all pilots attaining an ATP certificate at reduced hours.
The FAA agrees data collection is an essential part to any safety management system and continues to evaluate methods to assess pilot performance beyond those already required. The FAA has convened two ARCs to consider pilot mentoring, leadership, and professional development, as well as flightcrew member education, support, and training standards.
Air Carrier Annual Reporting: Flight Hours, Education, Pay and Benefits
The FOQ ARC recommends that, through August 1, 2013, all part 121 air carriers provide an annual report to the FAA showing flight hours, education, and qualifications for each first officer hired during that past year. The ARC's stated purpose of the report would be to show that air carriers are making progress in complying with the provisions of the Act. The qualifications would be disclosed individually and de-identified for each pilot hired. This annual filing report would also include a report on the air carrier's first officer annual pay and benefits. Two ARC member organizations dissented from the recommendation to require air carriers to provide information on pay and benefits
are making progress in complying with the provisions of the Act. The qualifications would be disclosed individually and de-identified for each pilot hired. This annual filing report would also include a report on the air carrier's first officer annual pay and benefits. Two ARC member organizations dissented from the recommendation to require air carriers to provide information on pay and benefits.
The FAA has chosen not to adopt this recommendation and is not required to issue regulations on this topic; however, the Agency sees value in ensuring part 121 air carriers are aware of the Act and its requirements as they pertain to pilot flightcrew members. Therefore, the FAA issued Information for Operators (InFO) 10024, Airline Transport Pilot Certificate Requirements for Pilots in Part 121 Operations, on December 15, 2010, which outlined the applicable Act requirements.
3. National Transportation Safety Board (NTSB) Recommendations
Human error has been a major factor in many of the commercial airlines accidents over the past 10 years. This was most recently evidenced in the Colgan Air accident that occurred on February 12, 2009, when the pilot lost control of the aircraft after failing to follow appropriate procedures. The accident resulted in the death of 45 passengers, 2 flight attendants, both pilots, and an individual on the ground. The NTSB's final accident report identified a number of safety issues, including flightcrew member qualifications, failure to adhere to the sterile cockpit rules, and improper handling of the aircraft.
The FAA identified 31 accidents in part 121 air carrier operations and 30 accidents in part 135 air carrier operations from fiscal year 2001 through fiscal year 2010 that could have been mitigated if the proposed enhanced ATP qualification standards and part 121 requirements had been in effect at the time of those accidents
ere to the sterile cockpit rules, and improper handling of the aircraft.
The FAA identified 31 accidents in part 121 air carrier operations and 30 accidents in part 135 air carrier operations from fiscal year 2001 through fiscal year 2010 that could have been mitigated if the proposed enhanced ATP qualification standards and part 121 requirements had been in effect at the time of those accidents. The analysis indicated the accidents were a result of various issues, including improper aircraft handling, poor CRM, poor situational awareness, and inadequate training. These accidents resulted in 107 fatalities, 28 serious injuries, and 44 minor injuries. A detailed description of this analysis, and how it was conducted, is provided in Section E of the initial regulatory evaluation that is available for review in the docket.
The NTSB investigation reports of these accidents revealed, among other issues, inadequacies in the following areas: aircraft handling to include stall and upset recognition and recovery, high altitude training, active pilot monitoring skills, effective CRM, stabilized approaches, operations in icing conditions, and hypoxia training. These accidents resulted in the NTSB issuing several recommendations related to these areas. The changes proposed in the NPRM address, at least in part, the following NTSB recommendations:
• Training of flightcrews to respond to sudden, unusual or unexpected aircraft upsets (Recommendations A-96-120, A-04-62, A-07-3, and A-09-113);
• Develop and conduct stall recovery training and provide stick pusher familiarization training for pilots of stick-pusher equipped aircraft (Recommendations A-10-22 and A-10-23);
• High altitude training (Recommendations A-07-1 and A-07-2);
• Training and guidance for rudder use in transport-category aircraft (Recommendation A-02-2);
• Airport situational awareness (Recommendation A-07-44);
• Stabilized approach concept (Recommendations A-01-69 and A-08-18);
• Landing performance calculations (Recommendations A-07-59 and
ft (Recommendations A-10-22 and A-10-23);
• High altitude training (Recommendations A-07-1 and A-07-2);
• Training and guidance for rudder use in transport-category aircraft (Recommendation A-02-2);
• Airport situational awareness (Recommendation A-07-44);
• Stabilized approach concept (Recommendations A-01-69 and A-08-18);
• Landing performance calculations (Recommendations A-07-59 and A-08-41);
• CRM training (Recommendation A-03-52);
• Pilot monitoring duties (Recommendation A-10-10);
• Requirements for flightcrew member academic training regarding leadership and professionalism (Recommendations A-10-15);
• Training in icing conditions (Recommendation A-07-14);
• Hypoxia awareness training (Recommendation A-00-110); and
• Training in crosswinds with gusts (Recommendations A-10-110 and A-10-111).
In the NPRM, the FAA has included a provision that would incorporate the various training areas identified in these NTSB recommendations. The proposed training would include both academic and flight simulation training device (FSTD) training for individuals who apply for an ATP certificate with airplane category multiengine class rating or type rating. The proposed training would have to be completed to become eligible for taking the ATP knowledge test. While these areas may also be addressed in an air carrier's training program, the training proposed in this NPRM would be an ATP certificate requirement aiming to bridge the knowledge and experience gap between a commercial pilot and a professional pilot operating in an air carrier environment.
4. Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216)
On August 1, 2010, President Obama signed into law the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216). In addition to extending the FAA's authorization, the Act included provisions to improve airline safety and pilot training
g in an air carrier environment.
4. Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216)
On August 1, 2010, President Obama signed into law the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216). In addition to extending the FAA's authorization, the Act included provisions to improve airline safety and pilot training. Specifically, section 216, Flight Crewmember Screening and Qualifications, and section 217, Airline Transport Pilot Certification, pertain directly to this rulemaking.
Section 216 requires the FAA to conduct a rulemaking proceeding to require:
• Part 121 air carriers to develop and implement means and methods for
• All flightcrew members in part 121 air carrier operations to hold an ATP certificate and to have obtained appropriate multiengine flight experience, as determined by the Administrator by August 2, 2013; and
• Prospective flightcrew members to undergo comprehensive pre-employment screening of, including an assessment of the skills, aptitudes, airmanship, and suitability of each applicant for a position as a flightcrew member in terms of functioning effectively in the air carrier's operational environment.
Section 216 requires the FAA to issue an NPRM by January 28, 2011, and a final rule by August 2, 2012. Independent of any rulemaking proceeding by the FAA, this section directs that all flightcrew members in part 121 air carrier operations must hold an ATP certificate, issued under part 61, by August 2, 2013.
Section 217 of the Act requires the FAA to issue a final rule by August 2, 2013, modifying the requirements for an ATP certificate in part 61
ry 28, 2011, and a final rule by August 2, 2012. Independent of any rulemaking proceeding by the FAA, this section directs that all flightcrew members in part 121 air carrier operations must hold an ATP certificate, issued under part 61, by August 2, 2013.
Section 217 of the Act requires the FAA to issue a final rule by August 2, 2013, modifying the requirements for an ATP certificate in part 61. The section establishes minimum requirements for an ATP certificate which include:
• Sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment;
• Flight training, academic training, or operational experience that will prepare a pilot to function effectively in a multipilot (multicrew) environment, in adverse weather conditions, during high altitude operations, in an air carrier environment, and to adhere to the highest professional standards; and
• Sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such conditions.
The section directs that the minimum total flight hours to be qualified for an ATP certificate shall be at least 1,500 flight hours. Notwithstanding the stated minimum, the section permits the Administrator to allow specific academic training courses to be credited toward the 1,500 total flight hours, provided the Administrator determines that specific academic training courses will enhance safety more than requiring the pilot to fully comply with the flight hours requirement.
Section 217 also requires the Administrator to consider the recommendations from an expert panel established under section 209(b) of the Act. That section focuses on part 121 and part 135 training programs. A report to Congress and to the NTSB was submitted on September 23, 2011.
D
ning courses will enhance safety more than requiring the pilot to fully comply with the flight hours requirement.
Section 217 also requires the Administrator to consider the recommendations from an expert panel established under section 209(b) of the Act. That section focuses on part 121 and part 135 training programs. A report to Congress and to the NTSB was submitted on September 23, 2011.
D. Related Rulemakings
On May 20, 2011, the FAA published a supplemental notice of proposed rulemaking (SNPRM) proposing to amend the regulations for crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. (76 FR 29336) This SNPRM focuses solely on part 121 air carrier training program requirements. In contrast, the proposed changes contained within this rulemaking address ATP certification training requirements and qualification requirements for pilot crewmembers in part 121 air carrier operations. The comment period for the SNPRM closed on September 19, 2011.
In addition, the Act led to the establishment of the following ARCs:
• Flight Crewmember Mentoring, Leadership, and Professional Development ARC (section 206 of the Act) to develop procedures for part 121 air carriers to establish flight crewmember mentoring programs, establish flight crewmember professional development committees, establish or modify training programs to accommodate substantially different levels and types of flight experience and to incorporate leadership and command training for all flight crewmembers
al Development ARC (section 206 of the Act) to develop procedures for part 121 air carriers to establish flight crewmember mentoring programs, establish flight crewmember professional development committees, establish or modify training programs to accommodate substantially different levels and types of flight experience and to incorporate leadership and command training for all flight crewmembers.
• Flight Crewmember Training Hours Requirement Review ARC (section 209 of the Act) to assess and make recommendations to the Administrator on the best methods and optimal time needed for flightcrew members training in part 121 and 135 air carrier operations including determining the best methods to allow specific academic training courses to be credited toward the total flight-hours required to receive an ATP certificate;
• Stick Pusher and Adverse Weather Event Training ARC (section 208 of the Act) to study and submit to the Administrator a report on methods to increase the familiarity and improve the response of flightcrew members on stick pusher systems, icing conditions, and microburst and windshear weather events.
• Air Carrier Safety and Pilot Training ARC (section 204 of the Act) to establish a special task force to be known as the FAA Task Force on Air Carrier Safety and Pilot Training responsible for evaluating best practices in the air carrier industry and providing recommendations on air carrier management responsibilities for flightcrew member education and support, flightcrew member professional standards, flightcrew member training standards and performance, and mentoring and information sharing between air carriers.
Following the FAA's review of the recommendations provided by these ARCs, the FAA will proceed with the rulemaking obligations required by sections 206 and 209 of the Act. The Agency may elect to enter into additional rulemaking based on the reports and recommendations of the remaining ARCs.
III. General Discussion of the Proposal
A
and mentoring and information sharing between air carriers.
Following the FAA's review of the recommendations provided by these ARCs, the FAA will proceed with the rulemaking obligations required by sections 206 and 209 of the Act. The Agency may elect to enter into additional rulemaking based on the reports and recommendations of the remaining ARCs.
III. General Discussion of the Proposal
A. ATP Certificate for All Pilots Operating Under Part 121
Currently, no pilot may act as PIC of an aircraft in part 121 air carrier operations without an ATP certificate and an appropriate type rating for that aircraft. An SIC of a part 121 flag or supplemental operation that requires three or more pilots also must hold an ATP certificate with an appropriate type rating for that aircraft. SICs in all other part 121 air carrier operations are currently required to have only a commercial pilot certificate with the appropriate category and class rating for the aircraft being flown and an instrument rating.
Section 216 of the Act mandates that, within 3 years of enactment, all flightcrew members serving in part 121 operations must hold an ATP certificate. 2 Therefore, the FAA proposes to remove the current certification requirements in § 121.437 and add new §§ 121.435 and 121.436. Section 121.435 would contain the current certification requirements for part 121 pilots, which would expire on July 31, 2013. After that date, the requirements of § 121.436 would apply.
2 The FAA notes that section 201 of the Act states that “[t]he term `flight crewmember' has the meaning given the term `flightcrew member' in part 1 of title 14, Code of Federal Regulations.” Part 1 defines “flightcrew member” as “a pilot, flight engineer, or flight navigator assigned to duty in an aircraft during flight time.” Because flight engineers and flight navigators have never been required to qualify as pilots, the FAA assumes Congress did not intend to require ATP certificates for these flightcrew members
flightcrew member' in part 1 of title 14, Code of Federal Regulations.” Part 1 defines “flightcrew member” as “a pilot, flight engineer, or flight navigator assigned to duty in an aircraft during flight time.” Because flight engineers and flight navigators have never been required to qualify as pilots, the FAA assumes Congress did not intend to require ATP certificates for these flightcrew members.
The FAA believes this proposal would have the greatest impact on air carriers that operate regional jet airplanes and/or turbopropeller airplanes. These air carriers generally hire pilots with a commercial pilot certificate and typically less than 1,500 hours total time as a pilot.
The FAA seeks comment on the following:
(1) Is a minimum of 1,500 hours adequate in order to receive an unrestricted ATP certificate? Why or why not?
(2) As a result of the new ATP requirement for pilots in part 121 operations, what will be the impact on pilot supply for part 121 operations? For part 135 operations? For part 141 pilot schools? For Part 142 training centers?
B. Aeronautical Experience Requirement in the Class of Airplane for the ATP Certificate Sought
Under current regulations, an applicant for an ATP certificate with an airplane category multiengine class rating is not required to obtain any additional multiengine flight experience above the multiengine hours required for a commercial certificate with an airplane category multiengine class rating. Section 216 of the Act addresses the issue of multiengine experience by requiring all pilot flightcrew members serving in part 121 air carrier operations to have appropriate multiengine flight experience, as determined by the Administrator.
As a result of the multiengine requirement in the Act, the FOQ ARC was tasked to identify an appropriate amount of multiengine time for SICs serving in part 121 air carrier operations. The FOQ ARC members recommended a minimum of 50 hours of multiengine flight time to be an SIC
part 121 air carrier operations to have appropriate multiengine flight experience, as determined by the Administrator.
As a result of the multiengine requirement in the Act, the FOQ ARC was tasked to identify an appropriate amount of multiengine time for SICs serving in part 121 air carrier operations. The FOQ ARC members recommended a minimum of 50 hours of multiengine flight time to be an SIC.
The FAA believes that multiengine flight experience is essential not only for pilots serving in part 121 air carrier operations but for all pilots who apply for an ATP certificate with an airplane category multiengine class rating. The FAA, therefore, proposes to amend § 61.159 to require 50 hours of flight time in the class of airplane for the ATP certificate sought. This requirement is also included in the new § 61.160. The proposal permits an applicant to receive credit for 10 hours of this flight time in a full flight simulator (FFS) that represents a multiengine airplane. The FAA believes that flight experience in a multiengine airplane provides a valuable foundation that prepares a pilot for a professional piloting career, including a career in part 121 air carrier operations. The FAA believes that this proposal would have minimal impact on pilots seeking an ATP certificate because the hours most often would be acquired while engaged in other commercial aviation activities such as flight instruction or part 135 air carrier operations.
The FAA seeks comment on the following:
lot for a professional piloting career, including a career in part 121 air carrier operations. The FAA believes that this proposal would have minimal impact on pilots seeking an ATP certificate because the hours most often would be acquired while engaged in other commercial aviation activities such as flight instruction or part 135 air carrier operations.
The FAA seeks comment on the following:
(3) Is 50 hours in class of airplane too high, too low, or adequate in order to receive an ATP certificate with airplane category multiengine class rating? Please provide evidence for your response.
C. Aircraft Type Rating for All Pilots Operating Under Part 121
Currently, an SIC of a part 121 flag or supplemental operation that requires three or more pilots must also hold an ATP certificate with a type rating for the aircraft being flown. SICs in all other part 121 operations are not required to hold a type rating in the aircraft being flown.
The FAA has determined that requiring an aircraft type rating for all SICs serving in part 121 operations would improve safety in those operations by exposing the pilot to an advanced multiengine aircraft and a multicrew environment. In addition, requiring an SIC to pass a practical test for the aircraft type rating would ensure the PIC and SIC have met the same level of qualification with regard to the aircraft to be flown. Because the practical test for the aircraft type rating would be conducted by FAA inspectors or FAA designees rather than check airmen, the proposed aircraft type rating would also provide an additional level of regulatory oversight of the pilots' skills and abilities.
This NPRM proposes to include in new § 121.436, the requirement that all SICs in part 121 operations hold an aircraft type rating by August 1, 2013. The FAA believes that this proposal would further the objectives of section 216 of the Act, which requires the Administrator to determine the appropriate multiengine airplane flight experience for pilot flightcrew members
lots' skills and abilities.
This NPRM proposes to include in new § 121.436, the requirement that all SICs in part 121 operations hold an aircraft type rating by August 1, 2013. The FAA believes that this proposal would further the objectives of section 216 of the Act, which requires the Administrator to determine the appropriate multiengine airplane flight experience for pilot flightcrew members. In today's air carrier environment, the roles of pilot flying and pilot monitoring are shared by the PIC and the SIC. Requiring an SIC to train to the level of proficiency necessary to obtain a type rating would ensure the SIC has been evaluated to the same standard as the PIC with regard to handling a transport category multiengine airplane. The FAA believes the proposed aircraft type rating also addresses the requirements in section 217 of the Act by allowing pilots to gain some of the necessary academic and flight experience to operate in an air carrier environment. Specifically, the training and testing for a type rating requires a pilot to demonstrate proficiency in the handling of the airplane in difficult operating conditions, including adverse weather conditions and high altitude operations. The FOQ ARC members unanimously recommended that an SIC hold a type rating in the aircraft to be flown in part 121 air carrier operations.
This proposed amendment would impact any part 121 air carrier that does not currently provide an aircraft type rating to an SIC. The FAA estimates that, for those air carriers that do not currently provide aircraft type ratings for their SICs, the impact of the proposed rule to an air carriers' training program would be low. Currently, all SICs in part 121 operations receive extensive training and a thorough proficiency evaluation at the end of the air carrier's initial training program, such as a proficiency check or line operational evaluation under an advanced qualification program
rently provide aircraft type ratings for their SICs, the impact of the proposed rule to an air carriers' training program would be low. Currently, all SICs in part 121 operations receive extensive training and a thorough proficiency evaluation at the end of the air carrier's initial training program, such as a proficiency check or line operational evaluation under an advanced qualification program. During the proficiency evaluation, SICs must demonstrate they can perform most of the maneuvers and tasks that would be required for an aircraft type rating. The FAA acknowledges that an SIC may need to receive some additional hours of training on those tasks and maneuvers that are required for a type rating but that are not currently required during the proficiency evaluation. The FAA believes, however, that the practical test for the aircraft type rating could be performed in the same simulator session currently used for the proficiency evaluation. The FAA acknowledges that, unlike a proficiency evaluation, which is typically conducted by a check airman, the practical test for an aircraft type rating would have to be administered by an FAA inspector or FAA designee.
The FAA seeks comment on the following:
(4) Should SICs in part 121 air carrier operations be required to hold an aircraft type rating? Why or why not?
(5) Should all SICs be required to hold an aircraft type rating if the aircraft currently requires a type rating for the PIC, regardless of the rule part the aircraft is operated under (e.g. part 91, 125, or 135)? Why or why not?
D. ATP Certification Training Program for an Airplane Category Multiengine Class Rating or Type Rating
The current regulations do not define any specific academic training or flight training requirements that a pilot must complete prior to being qualified to apply for an ATP certificate with multiengine class rating
rt the aircraft is operated under (e.g. part 91, 125, or 135)? Why or why not?
D. ATP Certification Training Program for an Airplane Category Multiengine Class Rating or Type Rating
The current regulations do not define any specific academic training or flight training requirements that a pilot must complete prior to being qualified to apply for an ATP certificate with multiengine class rating. An applicant for an ATP certificate with an aircraft type rating must receive and log an unspecified amount of ground and flight training specific to the aircraft type or provide a training record indicating completion of a part 121 or part 135 approved PIC training program for the aircraft type rating.
In the NPRM, the FAA proposes adding § 61.154, which would require pilots seeking an ATP certificate with an airplane category multiengine class rating or type rating to complete specific training requirements prior to taking the ATP knowledge test. The proposed
Section 217 of the Act indicates that, in order for an applicant to be eligible for an ATP certificate, he or she must have received academic training, flight training, or experience in a number of areas, including: operations in a multipilot [multicrew] environment; high altitude operations; and adverse weather conditions. The training and experience should prepare the pilot to function effectively in an air carrier operational environment. This section of the Act also requires the applicant to have experience in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such an environment.
The most effective way the FAA can ensure applicants for an ATP certificate have met the requirements of section 217 of the Act is to establish specific training requirements and then evaluate the pilot's understanding of those areas of instruction
experience in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such an environment.
The most effective way the FAA can ensure applicants for an ATP certificate have met the requirements of section 217 of the Act is to establish specific training requirements and then evaluate the pilot's understanding of those areas of instruction. Due to the specialized nature of the training, the FAA is proposing to require that the curriculum be completed through an approved training program that would incorporate both the training the Act envisioned and training the FOQ ARC identified as desirable competencies of a part 121 new hire. Due to the inherent risks associated with flying in difficult operational conditions, the FAA, consistent with the FOQ ARC recommendation, is not proposing that this training be accomplished in an actual aircraft. Additionally, due to the focus on air carrier operations, the FAA has proposed that the training be required only for those applicants for an ATP certificate with airplane category multiengine class rating or type rating. This training would not be applicable to single-engine airplane operations, rotorcraft operations, or powered-lift operations.
The academic portion of the training course incorporates most of the competencies identified by the FOQ ARC including: swept wing aerodynamics, automation, air carrier operations, adverse weather conditions, transport aircraft performance, high altitude operations, and navigation. Training in all topics would be taught with an air carrier perspective and focus on the unique characteristics of large transport category aircraft recognizing this would likely be the pilots' first exposure to many of these aeronautical knowledge areas.
The FSTD portion of the training course would consolidate the knowledge gained from the academic portion of the course and include training in difficult operational conditions, as required by the Act
er perspective and focus on the unique characteristics of large transport category aircraft recognizing this would likely be the pilots' first exposure to many of these aeronautical knowledge areas.
The FSTD portion of the training course would consolidate the knowledge gained from the academic portion of the course and include training in difficult operational conditions, as required by the Act. The areas to be trained in FSTDs also include seven of the nine competency areas identified by the FOQ ARC. Those areas are: convective activity, icing conditions, low-visibility conditions, maximum crosswind conditions, contaminated runways, areas of clear air turbulence, and areas of mountain wave activity. Many of the training topics, such as crew coordination, checklist/briefing items, collision avoidance systems, and performance calculations, could be taught in lower level devices such as Level 4 FTDs. However, the FAA is specifically proposing to require low energy states/stalls, upset recovery techniques, and adverse weather conditions, including icing, thunderstorms, and crosswinds with gusts, be conducted in a Level C or higher FFS. The FAA believes only Level C and higher FFSs can replicate the sensory perceptions necessary to allow the applicant the opportunity to fully grasp these critical concepts.
As a result of the FSTD requirement, the proposed ATP Certification Training Program could only be conducted by the following certificate holders: a part 141 pilot school, a part 142 training center, a part 121 air carrier, or a part 135 air carrier. To maintain consistency of the ATP Certification Training Program, each program would receive approval by a single source, the Air Transportation Division of the Flight Standards Service in Washington, DC
ertification Training Program could only be conducted by the following certificate holders: a part 141 pilot school, a part 142 training center, a part 121 air carrier, or a part 135 air carrier. To maintain consistency of the ATP Certification Training Program, each program would receive approval by a single source, the Air Transportation Division of the Flight Standards Service in Washington, DC. The FAA is making available in the docket for this NPRM a proposed advisory circular that provides information and courseware guidelines that would enable authorized providers to develop a training program that would meet the requirements of the proposed § 61.154.
The FAA proposes, for the ATP Certification Training Program, enhanced instructor requirements for parts 121, 135, 141, and 142. The proposal would require that each instructor of a § 61.154 training course must hold an ATP certificate with an airplane category multiengine class rating, meet the aeronautical experience requirements of § 61.159, and have at least 2 years of experience as a pilot in operations under § 91.1053(a)(2)(i) or § 135.243(a)(1), or in any operation conducted under part 121. The FAA is also proposing to require that instructors who provide training in an FSTD have an appropriate aircraft type rating which the FSTD represents or have received training in the aircraft type from the certificate holder on those maneuvers they will teach. Although the training course contains academic subjects for which subject matter experts might be appropriate, the majority of the training course would focus on applying high level concepts to an air carrier environment. The FAA believes these concepts can only be properly conveyed through an instructor with operational experience. The FAA has consistently required instructors who provide training related to air carrier operations to have line operational experience. Therefore, the proposed instructor requirements for the ATP Certification Training Program would be consistent with current practice
ier environment. The FAA believes these concepts can only be properly conveyed through an instructor with operational experience. The FAA has consistently required instructors who provide training related to air carrier operations to have line operational experience. Therefore, the proposed instructor requirements for the ATP Certification Training Program would be consistent with current practice.
In light of the importance of the areas covered in the proposed training course, the FAA would also revise the current ATP knowledge test specifically for applicants who are seeking an ATP certificate with an airplane category multiengine class rating or type rating. To facilitate the transition to the proposed training requirement, those applicants who have not successfully completed the knowledge test prior to August 1, 2013, would be required to complete the training course before applying for the knowledge test. For applicants who pass the knowledge test before that date, the test results would be valid until July 31, 2015. Pilots failing to pass the practical test prior to July 31, 2015, would be required to complete the new training course and retake the knowledge test before applying to take the practical test. The FAA is also proposing that, for those applicants who pass the knowledge test after completing the ATP certification training program, the test results will expire 60 calendar months after the knowledge test was successfully completed. The FAA proposes to amend §§ 61.35, 61.39 and 61.155 to reflect these changes.
The FAA emphasizes that this ATP Certification Training Program would be a basic certification requirement, not an air carrier training program requirement. Although part 121 and part 135 air carriers may elect to offer this training for their pilots, it would remain separate from the air carriers' part 121 and part 135 training requirements
d §§ 61.35, 61.39 and 61.155 to reflect these changes.
The FAA emphasizes that this ATP Certification Training Program would be a basic certification requirement, not an air carrier training program requirement. Although part 121 and part 135 air carriers may elect to offer this training for their pilots, it would remain separate from the air carriers' part 121 and part 135 training requirements. Because the proposed ATP Certification Training Program is foundational, air carriers who elect to offer this training would be required to provide the course to their pilots prior to beginning initial training. A principal operations inspector may approve a reduction of hours in an air
The FAA seeks comment on the following:
(6) Should pilots wanting to obtain an ATP certificate with airplane category multiengine class rating or type rating be required to take an additional training course prior to taking the knowledge test? Why or why not?
(7) If academic training is required in an ATP certification training course, what topics are appropriate? How many hours are appropriate for such a course?
(8) Should an ATP certification training course include non-type specific FSTD training on concepts that are generally universal to transport category aircraft? Why or why not?
(9) If FSTD training is required, what level of FSTD is appropriate? How many hours are appropriate?
(10) Based on the proposed content of the ATP Certification Training Program, what changes or reductions could be made to a part 121 air carrier training program?
se include non-type specific FSTD training on concepts that are generally universal to transport category aircraft? Why or why not?
(9) If FSTD training is required, what level of FSTD is appropriate? How many hours are appropriate?
(10) Based on the proposed content of the ATP Certification Training Program, what changes or reductions could be made to a part 121 air carrier training program?
(11) The FAA assumes parts 121, 135, 141, and 142 certificate holders will be able to provide the ATP Certification Training Program. What factors would these certificate holders principally consider in determining whether or not to offer the course?
E. ATP Certificate With Restricted Privileges Based on Academic and Military Training
Although section 217 of the Act mandates that an applicant for an ATP certificate must have “at least 1,500 flight hours,” the section also permits applicants to obtain an ATP certificate with fewer than the minimum 1,500 hours if they have completed “specific academic training courses,” as determined by the Administrator. Current regulations do not define the term “flight hours”; therefore, the FAA assumes that the 1,500 flight hours referenced in the Act represents the 1,500 hours total time as a pilot currently required by § 61.159. Under current rules, there is a provision that permits a flight engineer to obtain an ATP certificate with fewer than 1,500 hours. Section 61.159 allows a pilot with a commercial pilot certificate to credit up to 500 hours of experience gained as a flight engineer toward the 1,500 hours total time as a pilot.
Based on the discretion afforded to the Administrator in section 217 of the Act, the FAA proposes a new section, § 61.160. The new section would provide for two alternative hour requirements for an ATP certificate with airplane category multiengine class rating or type rating based on academic experience
ours of experience gained as a flight engineer toward the 1,500 hours total time as a pilot.
Based on the discretion afforded to the Administrator in section 217 of the Act, the FAA proposes a new section, § 61.160. The new section would provide for two alternative hour requirements for an ATP certificate with airplane category multiengine class rating or type rating based on academic experience. The FAA emphasizes that a pilot who obtains an ATP certificate under the aeronautical experience requirements of this new section would have restricted privileges. As specified in proposed § 61.168, a pilot holding an ATP certificate with fewer than 1,500 hours would not be permitted to perform the duties of PIC in any operation that currently requires an ATP certificate, namely, all part 121 operations and operations conducted under §§ 91.1053 and 135.243. A pilot holding a restricted privileges ATP certificate would be permitted to serve as SIC in part 121 operations that do not require three or more pilots. The FAA is proposing to amend § 61.167 in order to preclude a pilot who holds an ATP certificate with restricted privileges from providing instruction in accordance with that section. In addition, the FAA is proposing to modify the eligibility requirements of § 61.153 to establish a minimum age of 21 years for a restricted privileges ATP certificate.
The FAA is proposing the following alternative hour requirements for a restricted privileges ATP certificate with airplane category multiengine class rating or type rating:
• 750 hours for a military pilot; and
• 1,000 hours for a graduate of a four-year baccalaureate aviation-degree program who also received their commercial certificate and instrument rating from an affiliated part 141 pilot school.
Pilots who meet these alternative hour requirements would be required to pass the same ATP knowledge and practical tests as those pilots who obtain an ATP certificate at 1,500 hours
a military pilot; and
• 1,000 hours for a graduate of a four-year baccalaureate aviation-degree program who also received their commercial certificate and instrument rating from an affiliated part 141 pilot school.
Pilots who meet these alternative hour requirements would be required to pass the same ATP knowledge and practical tests as those pilots who obtain an ATP certificate at 1,500 hours. These pilots would have the following limitation placed on their certificates: “Restricted in accordance with 14 CFR § 61.168(a)” and “Holder does not meet the pilot in command aeronautical experience requirements of ICAO.” The FAA proposes in new § 61.168 that the restriction may be removed from the ATP certificate once the pilot provides satisfactory evidence that the pilot has met the age requirements in proposed § 61.153(a)(1) and the aeronautical experience requirements of § 61.159. The proposal to allow military pilots and graduates of 4-year colleges and universities with aviation-related majors to obtain a restricted privileges ATP certificate is based on the specific nature of the training that those pilots receive.
In order to be accepted into a pilot training program in one of the branches of the military, a person must undergo a rigorous screening process including an assessment of the individual's aviation aptitude. Depending on the branch of the military, an applicant for pilot training must hold an associate's degree or a bachelor's degree. Once accepted into a pilot training program, a person is 100 percent dedicated to aviation training. As an example, the United States Air Force Specialized Undergraduate Pilot Training (SUPT) includes 4 to 6 weeks of academic and preflight training on aerospace physiology, altitude chamber tests, aircraft systems, aviation weather, mission planning, and navigation
's degree or a bachelor's degree. Once accepted into a pilot training program, a person is 100 percent dedicated to aviation training. As an example, the United States Air Force Specialized Undergraduate Pilot Training (SUPT) includes 4 to 6 weeks of academic and preflight training on aerospace physiology, altitude chamber tests, aircraft systems, aviation weather, mission planning, and navigation. After academic and preflight training, the Air Force student pilot undergoes 22 weeks of primary aircraft training before transitioning to a track of advanced aircraft training that continues for another 24 to 28 weeks. An Air Force student pilot is committed to a 12-hour duty day while at SUPT, and his or her flight proficiency is continuously assessed throughout training. Additionally, during the flight training phases, an Air Force student pilot participates in flight training every day, normally either in a simulator or an aircraft. Based on the comprehensive and demanding nature of this academic training, the FAA proposes to allow military pilots to apply for the ATP practical test after obtaining 750 hours of flight time and meeting the other aeronautical experience requirements in § 61.160(a).
Based on averages provided by the military, the FAA believes that the majority of military pilots who complete their service obligations will have acquired the 1,500 hours required for an unrestricted ATP certificate. Army pilots, who average approximately 800 hours when they complete their service obligations, and pilots who are honorably discharged from the military prior to completing their service obligation would be most likely to benefit from the reduced hours provision. When applying for the practical test, military pilots would be required to present the documents listed in § 61.73(h) to substantiate their eligibility for a restricted privileges ATP certificate. These documents include an official U.S. Armed Forces record that shows the person graduated from a U.S
mpleting their service obligation would be most likely to benefit from the reduced hours provision. When applying for the practical test, military pilots would be required to present the documents listed in § 61.73(h) to substantiate their eligibility for a restricted privileges ATP certificate. These documents include an official U.S. Armed Forces record that shows the person graduated from a U.S. Armed Forces pilot training school and received a rating qualification as a
With regard to graduates of 4-year colleges and universities with aviation-related majors who obtained their commercial pilot certificate and instrument rating from an affiliated part 141 pilot school, the FAA believes that these students also receive concentrated and focused aviation training. Students complete a course of academic study in an aviation-related major while concurrently training at the university's affiliated FAA-approved part 141 pilot school. Through their academic coursework, these students receive a solid foundation in various topics that may include aeronautical science and technology, aviation meteorology, air traffic operations, air transportation, aviation law, aircraft systems, and CRM. The coursework is comprehensive, structured, and focused on preparing the student, over the course of 4 years, for a professional career in the aviation industry. The flight training accomplished through the college or university's part 141 pilot school is integrated with in-depth academic ground training. The student is continuously evaluated with academic testing and flight evaluations throughout the courses that lead to pilot certificates and ratings. In addition, these aviation programs are specifically focused on preparing pilots for careers in aviation
he flight training accomplished through the college or university's part 141 pilot school is integrated with in-depth academic ground training. The student is continuously evaluated with academic testing and flight evaluations throughout the courses that lead to pilot certificates and ratings. In addition, these aviation programs are specifically focused on preparing pilots for careers in aviation. Under the proposed rule, a graduate of an accredited 4-year college or university who received a bachelor's degree in an aviation-related field and a commercial pilot certificate with an instrument rating from an affiliated part 141 pilot school, would be allowed to apply for the ATP practical test with 1,000 hours total time as a pilot.
The FAA would recognize those postsecondary educational institutions that satisfy the definition of “accredited” as that term is used by the Department of Education in 34 CFR 600.2. The Department of Education maintains a database of accredited postsecondary institutions and programs ( http://ope.ed.gov/accreditation/ ). Prior to taking the ATP practical test, pilots would be required to present an official transcript which validates their eligibility for a restricted privileges ATP certificate. The FAA has proposed to amend § 61.39 to reflect this documentation requirement.
The FOQ ARC recommended crediting academic training as well as aeronautical experience. The ARC developed a complex system that not only permitted flight-hour credit for a variety of academic training including both 2- and 4-year aviation degrees, but also allowed weighted credit for various flight experiences. The weighted flight experience concept gave a multiplier effect to hours that were deemed more applicable to air carrier operations and therefore more valuable to a prospective air carrier flightcrew member. The weighted experiences valued hours such as providing instruction as a certified flight instructor and hours accrued in a multiengine turbine powered airplane
for various flight experiences. The weighted flight experience concept gave a multiplier effect to hours that were deemed more applicable to air carrier operations and therefore more valuable to a prospective air carrier flightcrew member. The weighted experiences valued hours such as providing instruction as a certified flight instructor and hours accrued in a multiengine turbine powered airplane. The FAA has reviewed and considered the FOQ ARC's crediting system, and to a limited extent adopted the academic crediting provision. While the FAA finds value in the weighted flight experience concept, the FAA does not believe the Act permits giving added flight hour credit to certain types of flight experience to reduce the minimum required flight hours for the ATP certificate.
The FAA seeks comments on the following:
(12) Should the FAA offer an ATP certificate with restricted privileges for pilots with fewer than 1,500 flight hours based on academic training and/or experience? Why or why not? If so, how many hours would be appropriate? Should anyone other than military pilots or graduates of 4-year colleges and universities with aviation-related degrees and commercial pilot certificates with instrument ratings obtained from an affiliated part 141 pilot school be eligible? Why or why not?
(13) Should military pilots be allowed to receive an ATP certificate with restricted privileges? Why or why not? If so, is the proposed 750 hours too high, too low, or adequate?
(14) Should graduates of 4-year colleges and universities with aviation-related majors and commercial pilot certificates with instrument ratings obtained from an affiliated part 141 pilot school be allowed to receive an ATP certificate with restricted privileges? Why or why not? If so, is the proposed 1,000 hours too high, too low, or adequate?
proposed 750 hours too high, too low, or adequate?
(14) Should graduates of 4-year colleges and universities with aviation-related majors and commercial pilot certificates with instrument ratings obtained from an affiliated part 141 pilot school be allowed to receive an ATP certificate with restricted privileges? Why or why not? If so, is the proposed 1,000 hours too high, too low, or adequate?
(15) Should military pilots and/or graduates of 4-year colleges and universities with aviation-related majors and commercial pilot certificates with instrument ratings obtained from an affiliated part 141 pilot school be allowed to receive an ATP certificate without restrictions with fewer than 1,500 hours? Why or why not? If so, how many hours would be appropriate?
(16) Should a pilot who obtains a degree with an aviation-related major from a 4-year college or university and a commercial pilot certificate with instrument rating from a part 141 pilot school not affiliated with the college or university be eligible for a restricted privileges ATP certificate? Why or why not? If so, how many hours should they be required to have? And, should there be a time limit between the baccalaureate training and the flight training if they were not done concurrently?
(17) Should the FAA consider an alternative licensing structure for pilots who desire only to fly for a part 121 air carrier (e.g. multicrew pilot license)? Why or why not?
vileges ATP certificate? Why or why not? If so, how many hours should they be required to have? And, should there be a time limit between the baccalaureate training and the flight training if they were not done concurrently?
(17) Should the FAA consider an alternative licensing structure for pilots who desire only to fly for a part 121 air carrier (e.g. multicrew pilot license)? Why or why not?
(18) If the FAA were to adopt a licensing structure for a multicrew pilot license, what would be the appropriate amount and type of ground and flight training?
F. Minimum of 1,000 Hours in Air Carrier Operations To Serve as PIC in Part 121 Operations
Under current regulations, a pilot may serve as PIC in part 121 operations with 1,500 hours total time as a pilot. There is no requirement that a pilot have a minimum number of hours as an SIC in air carrier operations prior to serving as PIC. Historically, such a provision was not required due to the number of pilots who had well in excess of 1,500 hours at the time they were hired by air carriers. In addition, these pilots often served as an SIC for several years before serving as PIC as a result of individual air carrier practices. Finally, under current regulations, commercial pilots must serve for a period of time as SIC before obtaining sufficient hours to apply for an ATP certificate and upgrade to PIC. In light of the fact that the SIC lacked sufficient hours to serve as PIC, a natural mentoring process occurred for less experienced pilots.
An unintended consequence of the Act's requirement for all part 121 pilots to hold an ATP certificate is that the natural mentoring of SICs may not occur. The FAA believes that the time that an SIC spends observing a PIC plays an important role in preparing the SIC for eventual upgrade to PIC. A PIC in air carrier operations is expected to possess leadership and command abilities including aeronautical decisionmaking and sound judgment necessary to exercise operational control of the flight
ficate is that the natural mentoring of SICs may not occur. The FAA believes that the time that an SIC spends observing a PIC plays an important role in preparing the SIC for eventual upgrade to PIC. A PIC in air carrier operations is expected to possess leadership and command abilities including aeronautical decisionmaking and sound judgment necessary to exercise operational control of the flight. The PIC should serve as a mentor and assist in the professional development of the SIC.
Section 217 of the Act directs the Administrator to determine the sufficient flight hours “to enable a pilot to function effectively in an air carrier environment.” The FAA is proposing to add a provision to new § 121.436 that would require a pilot to have 1,000 hours in air carrier operations prior to serving as PIC in part 121 operations.
The FAA seeks comments on the following:
(19) If all pilots in part 121 air carrier operations are required to hold an ATP certificate, should there be additional requirements prior to operating as a PIC in part 121 air carrier operations? If so, what should those requirements be?
(20) Is the proposed flight hour requirement for serving as SIC before moving to PIC too long, too short, or adequate?
(21) Should the proposed PIC time in part 91 subpart K or part 135 operations count towards the part 121 PIC requirement? Why or why not?
(22) Should SIC time outside of part 121 operations count towards the proposed requirement? Why or why not?
G. Miscellaneous Amendments
The FAA has proposed several miscellaneous amendments to parts 61 and 142. These amendments are non-substantive technical amendments, mostly to define terms, remove obsolete provisions, and make minor conforming changes to existing regulations. One proposal would remove several references to SFAR No. 58 because that provision already was removed from chapter 14 of the Code of Federal Regulations.
The FAA is also proposing to amend the definitions in § 61.1
61 and 142. These amendments are non-substantive technical amendments, mostly to define terms, remove obsolete provisions, and make minor conforming changes to existing regulations. One proposal would remove several references to SFAR No. 58 because that provision already was removed from chapter 14 of the Code of Federal Regulations.
The FAA is also proposing to amend the definitions in § 61.1. The definitions of “flight training device” and “flight simulator” would be removed because those terms are defined in parts 1 and 60. New definitions of “accredited” and “nationally recognized accrediting agency” would be added in order to clarify which institutions' graduates would qualify for an ATP certificate with restricted privileges.
Additionally, the FAA is proposing several minor conforming amendments to update cross-references in various sections of the regulations and to make other editorial corrections.
Paperwork Reduction Act
This proposal contains the following new information collection requirements. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted the information requirements associated with this proposal to the Office of Management and Budget for its review.
Title: Pilot Certification and Qualification Requirements for Air Carrier Operations.
Summary: This proposal would amend the requirements for obtaining an airline transport pilot (ATP) certificate by requiring pilot applicants for an ATP certificate with airplane category multiengine class rating or type rating to complete a new ATP Certification Training Program. Any part 142 training center, part 141 pilot school, or air carrier wishing to offer the new training program would be required to submit the curriculum to the FAA for approval.
Use of: This proposed information collection would ensure pilots seeking employment in an air carrier environment are adequately trained on the knowledge and skills they need to function in a multicrew environment in a variety of operating conditions
part 141 pilot school, or air carrier wishing to offer the new training program would be required to submit the curriculum to the FAA for approval.
Use of: This proposed information collection would ensure pilots seeking employment in an air carrier environment are adequately trained on the knowledge and skills they need to function in a multicrew environment in a variety of operating conditions. The requirement to submit the ATP Certification Training Program curriculum to the FAA for approval would provide greater oversight of the training programs and ensure consistency of both course and instructional quality among the training centers, pilot schools, and air carriers.
Part 121, 135, 141, or 142 certificate holders that wish to offer or provide the ATP Certification Training Program would be required to develop and submit a course for approval by the FAA. For those that provide this training, additional pilot training record keeping would also be required.
The following estimate corresponds to section IV of the economic evaluation.
Industry ATP Course Development Costs
Initial number of certificate holders offering the ATP course = 20. Time needed to develop the ATP course = 120 hours. Salary of a ground instructor = $32.55. First-Year Cost
Cost: 20 × 120 × $32.55 = $78,120. Time: 20 × 120 = 2,400 hours. Subsequent Years: Per-Year Costs
Cost: 1 × 120 × $32.55 = $3,906. Time: 1 × 120 = 120 hours. Total Over 10 Years
Cost: $113,274. Time: 3,480 hours. Average Per Year
Cost: $11,327. Time: 348 hours. Industry Recordkeeping Costs
Initial number of ATP applicants = 2910. Time needed for recordkeeping per pilot = 0.1 hours. Salary of a ground instructor = $32.55. First-Year Cost
Cost: 2910 × 0.1 × $32.55 = $9,472. Time: 2910 × 0.1 = 291 hours. Subsequent Years: Avg. Per-Year Costs
Cost: 3,580 × 0.1 × $32.55 = $11,652. Time: 3,580 × 0.1 = 358 hours. Total Over 10 Years
Cost: $114,306. Time: 3,512 hours. Average Per Year
Cost: $11,431. Time: 351 hours
= 2910. Time needed for recordkeeping per pilot = 0.1 hours. Salary of a ground instructor = $32.55. First-Year Cost
Cost: 2910 × 0.1 × $32.55 = $9,472. Time: 2910 × 0.1 = 291 hours. Subsequent Years: Avg. Per-Year Costs
Cost: 3,580 × 0.1 × $32.55 = $11,652. Time: 3,580 × 0.1 = 358 hours. Total Over 10 Years
Cost: $114,306. Time: 3,512 hours. Average Per Year
Cost: $11,431. Time: 351 hours. FAA ATP Course Review Costs
Initial number of certificate holders requesting ATP course approval = 20. Time needed to review the ATP course = 4 hours. Salary of an aviation safety inspector = $61.50. First-Year Cost
Cost: 20 × 4 × $61.50 = $4,920. Time: 20 × 4 = 80 hours. Subsequent Years: Per-Year Costs
Cost: 1 × 4 × $61.50 = $246. Time: 1 × 4 = 4 hours. Total Over 10 Years
Cost: $7,134. Time: 116 hours. Average Per Year
Cost: $713. Time: 11.6 hours. FAA Approval Letter Costs
Initial number of certificate holders requesting ATP course approval = 20. Time needed to issue the approval letter = 0.5 hours. Salary of clerk/secretary = $24.67. First-Year Cost
Cost: 20 × 0.5 × $24.67 = $246.70. Time: 20 × 0.5 = 10 hours. Subsequent Years: Per-Year Costs
Cost: 1 × 0.5 × $24.67 = $12.34. Time: 1 × 0.5 = 0.5 hours. Total Over 10 Years
Cost: $357.72. Time: 14.5 hours. Average Per Year
Cost: $35.77. Time: 1.45 hours. 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
.45 hours. 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 by April 30, 2012, and should direct them to the address listed in the Addresses section at the end of this preamble. 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.
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 OMB control number. The OMB control number for this information collection will be published in the Federal Register , after the Office of Management and Budget approves it.
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 except in the following limited respect
ligations 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 except in the following limited respect. The FAA notes that, although pilots will be able to obtain a restricted privileges ATP certificate in fewer than the ICAO standard of 1,500 hours, those pilots will not have the pilot in command privileges of pilots who hold unrestricted ATP certificates. This pilot in command restriction will be reflected on the pilot's certificate. The experience and qualifications of the pilots who hold restricted privileges ATP certificates will exceed the ICAO standards for second-in-command.
IV. Regulatory Notices and Analyses
Changes to Federal regulations must undergo several economic analyses. First, Executive Orders 12866 and 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L
ntities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or 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 proposed rule. Readers seeking greater detail should read the full regulatory evaluation, a copy of which has been placed in the docket for this rulemaking.
In conducting these analyses, the FAA has determined that this proposed rule: (1) Satisfies a Congressional requirement to improve aviation safety; (2) is an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866, (3) is “significant” as defined in the DOT's Regulatory Policies and Procedures; (4) would not have a significant economic impact on a substantial number of small entities; (5) would not create unnecessary obstacles to the foreign commerce of the United States; and (6) would not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below
ory Policies and Procedures; (4) would not have a significant economic impact on a substantial number of small entities; (5) would not create unnecessary obstacles to the foreign commerce of the United States; and (6) would not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below.
Total Costs and Benefits of This Proposed Rule
The proposed rule's requirements of an ATP certificate and aircraft type rating for part 121 SICs, 1,000 hours of flight experience in air carrier operations prior to serving as a part 121 PIC—and 50 hours of ME time and a foundational ATP Certification Training Program for pilots seeking an ATP certificate with airplane category and multiengine class rating or type rating—would, as a group of requirements, enhance the qualifications, experience, and seasoning of pilots. As a consequence, the FAA believes that the proposed rule would enhance safety by reducing the accident rate in air carrier operations.
The FAA estimates that the cost will be minimal for the requirement of 50 hours of multiengine time for applicants for the ATP certificate with an airplane category multiengine class rating or type rating. Multiengine hours are typically acquired while engaged in other commercial aviation activities such as flight instruction or part 135 air carrier operations. Airlines currently post minimums for multiengine time from 50 hours to as much as 1,500 hours. 3
3 Kit Darby, President, www.KitDarby.com, Aviation Consulting, LLC, Peachtree City, GA.
The FAA also estimates as minimal the costs of the requirement that a pilot have 1,000 hours of air carrier operating experience prior to serving as a part 121 PIC. According to information provided by industry, 4 the average number of years for an SIC to upgrade to a PIC is about five years for operators which use regional jet airplanes and/or turbopropeller airplanes and more than ten years for major airlines
stimates as minimal the costs of the requirement that a pilot have 1,000 hours of air carrier operating experience prior to serving as a part 121 PIC. According to information provided by industry, 4 the average number of years for an SIC to upgrade to a PIC is about five years for operators which use regional jet airplanes and/or turbopropeller airplanes and more than ten years for major airlines. Even without air carrier operating experience in part 135 or part 91, subpart K operations, at an average number of 750 1/3 years.
4 Owing to the expedited nature of this proposed rule, questionnaires were sent to the Air Transport Association (ATA) and the Regional Airlines Association (RAA), who, in turn, distributed the questionnaire to selected members. Five responses were received from the major airlines and three from the regional airlines.
Accordingly, Table 1 shows the expected costs of the proposed rule based on the costs of the three remaining requirements—the ATP Certification Training Program, the type rating requirement for part 121 SICs, and the part 121 ATP Certificate requirement for SICs. Table 1 also shows the expected benefits of the proposed rule. Using a pre-statute baseline, the table shows the total costs of the proposed rule to be $2,018.5 million, with present value cost of $782.4 million and annualized present value cost of $73.9 million. The total benefits of the proposed rule are $896.0 million, with present value of $384.1 million and annualized present value benefits of $36.3 million. However, since the FAA currently requires 1,500 hours for an ATP certificate, and the requirement for an SIC to hold an ATP certificate will take effect whether or not a regulation is issued, the cost of $1,575.2 million ($582.0 million in present value) associated with this provision are attributable to the statute, not the proposed regulation
d annualized present value benefits of $36.3 million. However, since the FAA currently requires 1,500 hours for an ATP certificate, and the requirement for an SIC to hold an ATP certificate will take effect whether or not a regulation is issued, the cost of $1,575.2 million ($582.0 million in present value) associated with this provision are attributable to the statute, not the proposed regulation. Therefore, using a post-statute baseline, Table 1 shows that the proposed rule is cost beneficial as expected costs are $443.3 million ($200.4 million in present value), which are now less than the expected benefi

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2012-4627. Check the current official text before relying on it. Not legal advice.