[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Proposed Rules]
[Pages 12374-12406]
[FR Doc No: 2012-4627]

Vol. 77

Wednesday,

No. 40

February 29, 2012

Part II

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 61, 121, 135, et al.

Pilot Certification and Qualification Requirements for Air Carrier
Operations; Proposed Rule

Federal Register / Vol. 77 , No. 40 / Wednesday, February 29, 2012 /
Proposed Rules

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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).

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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.
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<PHONE_NUMBER>.

    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.

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<PHONE_NUMBER>;
facsimile<PHONE_NUMBER>; email<EMAIL_ADDRESS>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<PHONE_NUMBER>; facsimile<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
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. 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. 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 Sec.  91.1053(a)(2)(i) or Sec.
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.

------------------------------------------------------------------------
                                     Current
           Scenario                regulations      Proposed regulations
------------------------------------------------------------------------
Receive an ATP certificate      Be at least 23     Meet all of the
 with airplane category and      years old, hold    requirements in the
 multiengine class rating.       a commercial       current regulations,
                                 pilot              successfully
                                 certificate with   complete a new ATP
                                 instrument         Certification
                                 rating, pass a     Training Program
                                 knowledge test     before taking the
                                 and practical      ATP knowledge test,
                                 test, and have     and have a minimum
                                 at least 1,500     of 50 hours in class
                                 hours total time   of airplane.
                                 as a pilot.
Receive an ATP certificate      None.............  Be at least 21 years
 with restricted privileges                         old, hold a
 (multiengine class rating                          commercial pilot
 only).                                             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    Hold a commercial  Hold an ATP
 (first officer) in part 121     pilot              certificate with
 air carrier operations.         certificate with   appropriate aircraft
                                 appropriate        type rating
                                 category and      OR
                                 class ratings     Hold an ATP
                                 and an             certificate with
                                 instrument         restricted
                                 rating.            privileges and an
                                                    appropriate aircraft
                                                    type rating.
Serve as pilot in command       Hold an ATP        Meet all of the
 (captain) in part 121 air       certificate with   requirements in the
 carrier operations.             appropriate        current regulations
                                 aircraft type      and have a minimum
                                 rating and have    of 1,000 flight
                                 at least 1,500     hours in air carrier
                                 hours of total     operations (as an
                                 time as a pilot.   SIC in part 121
                                                    operations, a PIC in
                                                    operations under
                                                    either Sec.
                                                    135.243(a)(1) or
                                                    Sec.
                                                    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. 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
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1. All part 121 flightcrew members must hold   An SIC in part 121 must
 an ATP by August 2, 2013. (216).               have one of the
                                                following:
                                                   ATP
                                                   certificate.
                                                   Restricted
                                                   Privileges ATP
                                                   certificate.
2. To be qualified to receive an ATP, an       Restricted Privileges ATP
 individual shall have sufficient flight        certificate.
 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).
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   50 hours of aeronautical
 an appropriate amount of multi-engine flight   experience in class of
 experience, as determined by the               airplane required for an
 Administrator. (216).                          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        ATP Certification
 individual shall have received flight          Training Course.
 training, academic training, or operational
 experience that will prepare a pilot to:.
    a. function in a multipilot environment;
    b. function in adverse weather conditions
     (icing);
    c. function during high altitude
     operations;
    d. 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       1,000-hour minimum air
 individual shall have sufficient flight        carrier experience to
 hours, as determined by the Administrator,     serve as a PIC in part
 to enable a pilot to function effectively in   121 operations.
 an air carrier operational environment.
 (217).
6. Prospective flightcrew members must         Revised ATP requirements
 undergo comprehensive pre-employment           (ATP certification
 screening, including an assessment of the      training course, higher
 skills, aptitudes, airmanship, and             total time, and
 suitability * * * for operating in an air      multiengine time).
 carrier operational environment. (216).       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. 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  ($                       Annualized PV
                                                                  mil)        PV cost  ($ mil)    cost  ($ mil)
----------------------------------------------------------------------------------------------------------------
Part 121 ATP Certificate Requirement......................          $1,575.2            $582.0             $54.9
Type Rating (Part 121 Operators Only).....................  ................               3.4               0.3
ATP Certification Training Program........................             443.3             196.9              18.6
                                                           -----------------------------------------------------
    Total Social Cost (Pre-statutory baseline)............           2,018.5             782.4              73.9
                                                           -----------------------------------------------------
Costs Attributable to Proposed Rule (Post-statutory                    443.3             200.4              18.9
 baseline)................................................
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                                                             Total benefits    PV benefits  ($    Annualized PV
                                                                 ($ mil)            mil)            benefits
----------------------------------------------------------------------------------------------------------------
Total Social Benefit......................................            $896.0            $384.1             $36.3
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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. 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. 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. 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 Sec.  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. 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.
    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

background, that formal education does not guarantee they will perform
better than other flightcrew members.
---------------------------------------------------------------------------

    \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. 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. 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. 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.
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

requirements of sections 216 and 217 of the Act.
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.
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.
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. 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. 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

recommended that these areas be appropriately evaluated in the
knowledge and practical tests for an ATP certificate.
    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.
    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. 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 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.
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

ensuring flightcrew members have proper qualifications and experience;
     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. 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. 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.
     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. 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 Sec.  121.437 and add new Sec. Sec.
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 Sec.  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.
---------------------------------------------------------------------------

    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.
    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 Sec.
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 Sec.  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:
    (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 Sec.  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. 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. 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 Sec.  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

requirements would be completed as part of a training course that would
include academic training and training in an FSTD. The course would
establish broader foundational knowledge and understanding in areas
critical to operating high performance aircraft in a high altitude and
complex environment.
    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. 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.
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. 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 Sec.  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 Sec.  61.154 training
course must hold an ATP certificate with an airplane category
multiengine class rating, meet the aeronautical experience requirements
of Sec.  61.159, and have at least 2 years of experience as a pilot in
operations under Sec.  91.1053(a)(2)(i) or Sec.  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.
    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 Sec. Sec.
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

carrier's initial training program based on material taught in the ATP
Certification Training Program. However, because the ATP Certification
Training Program requirements are basic certification requirements,
they may not be reduced based on the contents of an air carrier's
initial training program. These requirements would also respond to NTSB
Safety Recommendations identified in section II.C.3 of this preamble.
    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?
    (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 Sec.
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, Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  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. These pilots would
have the following limitation placed on their certificates:
``Restricted in accordance with 14 CFR Sec.  61.168(a)'' and ``Holder
does not meet the pilot in command aeronautical experience requirements
of ICAO.'' The FAA proposes in new Sec.  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 Sec.  61.153(a)(1) and the aeronautical experience
requirements of Sec.  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. 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 Sec.  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 Sec.  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

military pilot. The FAA has proposed to amend Sec.  61.39 to reflect
this documentation requirement.
    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. 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 Sec.  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. 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?
    (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?
    (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. 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 Sec.  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.

This requirement would ensure that, prior to serving as PIC in part 121
operations, a pilot has obtained at least one full year of relevant
operational experience. The 1,000 hours in air carrier operations may
be a combination of time as PIC in operations conducted under Sec.
91.1053(a)(2)(i) or Sec.  135.243(a)(1) or as SIC in part 121
operations. The FAA is proposing to allow a pilot to count PIC time in
operations conducted under Sec.  91.1053(a)(2)(i) or Sec.
135.243(a)(1) because these operations require an ATP certificate and
type rating and are similar to operations conducted under part 121. A
PIC in these operations has demonstrated leadership and command
abilities including aeronautical decisionmaking and the judgment
necessary to exercise operational control of the flight. Additionally,
a PIC in these operations has served as a mentor and assisted in the
professional development of SICs. The FAA believes that the training
and experience gained in these operations aid in the professional
development of a pilot and develop the competencies required to serve
as a PIC in part 121 operations. This provision would also address, in
part, many of the concerns surrounding pilot professionalism identified
by the NTSB in its Safety Recommendation letter to the FAA on February
23, 2010, and address many of the concerns of the FOQ ARC members.
    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 Sec.  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. 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 x 120 x $32.55 = $78,120.
Time: 20 x 120 = 2,400 hours.
Subsequent Years: Per-Year Costs
Cost: 1 x 120 x $32.55 = $3,906.
Time: 1 x 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 x 0.1 x $32.55 = $9,472.
Time: 2910 x 0.1 = 291 hours.
Subsequent Years: Avg. Per-Year Costs
Cost: 3,580 x 0.1 x $32.55 = $11,652.
Time: 3,580 x 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 x 4 x $61.50 = $4,920.
Time: 20 x 4 = 80 hours.
Subsequent Years: Per-Year Costs
Cost: 1 x 4 x $61.50 = $246.
Time: 1 x 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 x 0.5 x $24.67 = $246.70.
Time: 20 x 0.5 = 10 hours.
Subsequent Years: Per-Year Costs
Cost: 1 x 0.5 x $24.67 = $12.34.
Time: 1 x 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
    (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. 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. 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.

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.
Even without air carrier operating experience in part 135 or part 91,
subpart K operations, at an average number of 750

flight hours a year, an SIC will accumulate the required hours in 1\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.
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
benefits of $896.0 million ($384.1 million in present value). In
comparing costs and benefits, however, we must consider part 121
operators separately since all of the cost drivers apply to part 121
operators, while just the cost of the ATP Certification Training
Program applies to part 135 and part 91, subpart K, operators.
    As the table shows, for part 121 operators the proposed rule is
cost-beneficial since present value benefits, at $225.1 million,\5\ are
greater than present value costs, at 179.0 million. For part 135
operators present value benefits are $159.0 million, while present
value costs are $14.8 million, so for part 135 operators the proposed
rule is overwhelmingly cost-beneficial. Although the FAA does not have
an estimate of benefits for part 91, subpart K, operators, these
operators have pilot certification and operating rules similar to part
135 operators. Given the overwhelming benefit-cost ratio for part 135
operators, we are confident that the proposed rule is cost-beneficial
for part 91, subpart K, operators as well.
---------------------------------------------------------------------------

    \5\ Some of these benefits are presumably attributable to the
statute's ATP requirement, but as noted in the following section, we
find at most $23.0 million attributable to the statute, with the
likely amount much less. As Table 1 shows part 121 benefits to be
$46.1 million greater than costs, the proposed rule would still be
cost-beneficial even if the maximum $23.0 million were attributable
to the statute.

                     Table 1--Summary of Costs and Benefits of Proposed FOQ Rule, 2013-2032
----------------------------------------------------------------------------------------------------------------
                                                           Total cost  ($                        Annualized PV
                                                               mil.)        PV cost  ($ mil.)    cost  ($ mil.)
----------------------------------------------------------------------------------------------------------------
Part 121 ATP Certificate Requirement...................          $1,575.2             $582.0              $54.9
    ATP Practical Test.................................  .................              23.3                2.2
    ATP 1,500 Hour Requirement.........................           2,520.4              901.8               85.1
    Savings from 750-hour ATP Military Credit..........            (219.8)             (78.6)              (7.4)
    Savings from 500-hour ATP Educational Credit.......            (725.5)            (264.5)             (25.0)
----------------------------------------------------------------------------------------------------------------
Type Rating (Part 121 Operators Only)..................  .................               3.4                0.3
----------------------------------------------------------------------------------------------------------------
ATP Certification Training Program.....................             443.3              196.9               18.6
    Part 121 Operators.................................             396.6              175.6               16.6
    Part 135 Operators.................................              32.5               14.8                1.4
    Part 91, Subpart K, Operators......................              14.3                6.5                0.6
----------------------------------------------------------------------------------------------------------------
Total Social Cost--Part 121 Operators (Pre-statutory              1,971.7              761.0               71.8
 baseline).............................................
                                                        --------------------------------------------------------
Total Social Cost (Pre-statutory baseline).............           2,018.5              782.4               73.9
----------------------------------------------------------------------------------------------------------------
Costs Attributable to Proposed Rule--Part 121 Operators             396.6              179.0               16.9
 (Post-statutory baseline).............................
                                                        --------------------------------------------------------
Costs Attributable to Proposed Rule (Post-statutory                 443.3              200.4               18.9
 baseline).............................................
----------------------------------------------------------------------------------------------------------------

                                                         Total benefits ($    PV benefits ($     Annualized PV
                                                               mil.)              mil.)             benefits
----------------------------------------------------------------------------------------------------------------
Part 121 Benefits......................................            $525.0              $25.1              $21.2
Part 135 Benefits......................................             371.0              159.0               15.0
                                                        --------------------------------------------------------
    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 ATP practical test and type rating are zero, incremental present
  value costs are positive. See discussion in the text below.
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 the regulatory evaluation, 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.

Costs and Benefits of the ATP 1500-Hour Requirement

    As the ATP certificate requirement for part 121 SICs is mandated by
the Airline Safety Act of 2010 and is self-executing,\6\ the FAA
attributes the cost of the requirement to the statute and not the
proposed rule
---------------------------------------------------------------------------

    \6\ More specifically, Section 217 of the Act requires that
``The total flight hours required by the Administrator * * * shall
be at least 1,500 flight hours.''
---------------------------------------------------------------------------

    The FAA's Office of Accident Investigation and Prevention (AVP)
found little relationship between the 1,500-hour requirement and
airplane accidents. Only 7 of the 31 accidents used for the part 121
benefit analysis had SICs with less than 1,500 hours. Moreover, the
NTSB reports on these seven accidents indicate other issues addressed
by the proposed rule. Finally, the 7 accidents with SICs with less than
1,500 flight hours account for just 10.2% of the FAA's estimated $225.1
million part 121 benefits, or $23.0 million, which, accordingly, is the
maximum that could be attributable to the statute's 1500-hour
requirement.
    As the 1,500-hour requirement is required by statute, the FAA did
not further pursue the estimation of the requirement's benefits.

Who is potentially affected by this rule?

    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 Sec.  91.1053(a)(2)(i) or Sec.
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.

Principal Assumptions and Sources of Information

     The FAA uses a 20-year period of analysis in order to more
fully account for costs that will accumulate over time as new pilots
replace retiring pilots unaffected by the proposed rule. As the final
rule will become effective on August 2, 2013, the FAA uses the 20-year
period of analysis, 2013-2032. As for the most part the FAA is using
2010 prices, in calculating present values discounted back to 2010.
     Discount rate is 7 percent (Office of Management & Budget,
Circular A-4, ``Guidelines and Discount Rates for Benefit-Cost Analysis
of Federal Programs,'' October 29, 1992, p. 8, www.whitehouse.gov/omb/circulars/index.html).
     VSL ($6 million) and value of prevented injuries: United
States Office of the Secretary of Transportation. Memorandum: Treatment
of the Economic Value of a Statistical Life in Departmental Analyses--
2009 Annual Revision, March 18, 2009.
     Number of rule-related accidents and associated number of
fatalities, number of minor and serious injuries, aircraft model, and
aircraft damage: FAA, Office of Accident Investigation and Prevention
(AVP).
     Market value of aircraft and restoration costs: APO update
to 2008 of data in Economic Values for FAA Investment and Regulatory
Decisions, A Guide, Section 5. Office of Aviation Policy and Plans,
U.S. Federal Aviation Administration, Wash., DC, Dec. 31, 2004.
     Number of part 121 PICs and SICs by airline and part 135
ATP pilots; and part 91, subpart K, fractional ownership program PICs:
FAA, Flight Standards Service, National Vital Information Subsystem
(NVIS) database (Nov. 22, 2010; Dec. 10, 2010).
     Pilot growth rate (0.6%): U.S. DOT, FAA, Aviation Policy &
Plans. FAA Aerospace Forecast: 2010-2030. Table 29, ``Active Pilots by
Type of Certificate'', Air Transport, Avg Annual Growth, 2009-2030.
     Cost of ATP Certification Training Program and cost of
type rating: Industry survey and FAA Flight Standards Service.
     Percentage of SICs without PTC (major & cargo airlines and
regional airlines): Estimated from industry survey.
     Percentage of SICs without type rating (major & cargo
airlines and regional airlines): Estimated from industry survey.
     Typical number of years for upgrade from SIC to PIC (Major
airlines: 10 years, Regionals: 5 years): Estimated from industry
survey.
     Typical number of years after which PIC will move from
regional airline to major airline (2 years): Industry survey.
     Pilot salary data by airline (2008):
www.airlinepilotcentral.com.
     Number of part 121 retiring pilots (minimum): Calculated
using www.faa.gov, Data and Research, U.S. Civil Airmen Statistics,
Annual Statistics, 2009. Table 12, ``Estimated Active Certificates Held
As of December 31, 2009.''
     Early and medical pilot retirement rate (0.5%): Email from
Kit Darby, President, www.KitDarby.com, Aviation Consulting, LLC,
Peachtree City, GA, dated 12/18/2010.
     Flight experience of military pilots leaving the service:
FAA Flight Standards Service, Air Transportation Division (AFS-200),
Air Carrier Training Branch (AFS-210).
     Hiring minimums by airline & airline group and percentage
of pilots hired with military training: Kit Darby, President,
www.KitDarby.com, Aviation Consulting, LLC, Peachtree City, GA.
     Number of baccalaureates with aviation-related degrees:
Aviation Accreditation Board International (AABI), Gary W. Kiteley,
Executive Director, 3410 Skyway Drive, Auburn, AL.
     The FAA assumes safety benefits will grow at the annual
growth rate of air carrier revenue passenger miles. Source: U.S. DOT,
FAA, Aviation Policy & Plans. FAA Aerospace Forecast: 2010-2030. Table
5, ``U.S. Commercial Air Carriers' Total Scheduled U.S. Passenger
Traffic'', Revenue Passenger Miles, System [Domestic + Int'l], Avg
Annual Growth, 2009-2030.

Costs of This Proposed Rule

    As discussed above, the FAA estimates costs to be minimal for the
requirement that holders of the ATP certificate have 50 hours of
multiengine time and the requirement that a pilot have 1,000 hours of
air carrier experience prior to serving as PIC in part 121 operations.
The FAA estimates that the three remaining provisions of the rule--the
ATP Certification Training Program, the type rating requirement for
part 121 SICs, and the ATP certification requirement--could have cost
implications, although, as already noted, since the latter requirement
is mandated by the Airline Safety Act of 2010, the FAA attributes that
cost to the statute, not the proposed rule. The costs of each of these
three requirements is discussed further below.
Cost of ATP Certification Training Program
    The requirement for the ATP Certification Training Program applies
to all new applicants for an ATP certificate with an airplane category
multiengine class rating or type rating. Accordingly, the ATP
Certification Training Program would apply to all pilots in part 121
operations, all PICs in part 91, subpart K, Fractional Ownership
Operations, and all part 135 air carrier operations requiring the PIC
to hold an ATP certificate. Part 135 operations requiring the PIC to
hold an ATP certificate with an airplane category multiengine class
rating are (1) commuter operations using multiengine

airplanes with nine or fewer passenger seats (``Scheduled 135'') and
(2) on-demand operations using multiengine airplanes with 10 or more
passenger seats or turbojets.
    The FAA anticipates that the ATP Certification Training Program
would be a 7-day course, typically conducted by part 142 training
center or a part 121 air carrier just prior to a pilot's initial pilot
training. The FAA anticipates the course would entail three days of
ground school and four days of flight training--two days with an FTD
and two days with a Level C or D simulator. Typically two pilots train
concurrently in a simulator and this is reflected in the simulator
estimates of cost per pilot.
    Table 2 reflects the estimated cost factors for the training
program and Table 3 reflects the total cost per pilot calculations.

                        Table 2--Cost Factors for the ATP Certification Training Program
----------------------------------------------------------------------------------------------------------------
         Cost factor                            Rate                                     Period
----------------------------------------------------------------------------------------------------------------
Ground school instructor....  $33.....................................  per hour.
Simulator instructor........  130.....................................  per hour.
Level C or D simulator......  2,000...................................  4-hr simulator event.
FSTD........................  400.....................................  4-hr simulator event.
Training pay................  1,302...................................  per month.
Hotel.......................  90......................................  per day.
Per diem....................  45......................................  per day.
----------------------------------------------------------------------------------------------------------------
Sources:
1. Pay rates incorporate a benefits factor of 1.302--Employee Benefit Research Institute, www.ebri.org (Benefit
  FAQs).
2. Other cost factors--Industry survey and FAA Flight Standards Service.

   Table 3--Cost per Pilot of 7-Day ATP Certification Training Program
------------------------------------------------------------------------
                          Item                               Item cost
------------------------------------------------------------------------
Ground school instructor (3 days).......................             $39
Simulator instructor (four 4-hr events).................           2,083
Level C or D simulator (two 4-hr events, 2 pilots)......           2,000
FSTD (two 4-hr events, two pilots)......................             400
Training pay & benefits (7 days)........................             304
Hotel (7 days)..........................................             630
Per diem (7 days).......................................             315
                                                         ---------------
    Total Cost per Pilot................................           5,771
------------------------------------------------------------------------
Notes:
1. Ground school class sizes are assumed to average 20 pilots.
2. Simulator instructor, simulator, and FTD costs reflect the fact that
  flight training is typically done with two pilots concurrently.
3. As the FAA anticipates that the training would take place just prior
  to initial pilot training, there would be no incremental travel costs.

    The FAA uses cost per pilot from Table 3 to estimate total and
present value costs for new pilots over the 2013-2032 estimation
period. (As indicated in the section on type rating costs below,
current pilots without an ATP will be able to obtain one at no
additional cost when fulfilling the requirements for a type rating.)
The FAA estimates the total cost of the ATP Certification Training
Program over the 20-year estimation period, 2013-2032 to be $443.3
million with present value of $196.9 million.
Cost of an ATP Certificate/Aircraft Type Rating
    The rule proposes that all SICs in part 121 operations hold an
aircraft type rating for the aircraft flown by August 2, 2013, the same
date that the SICs are required to hold an ATP certificate by
Congressional mandate. The ATP practical test standards are the same
standards used for a type rating practical test. Given the statute's
requirement for an ATP certificate, the incremental cost of the
proposed rule's requirement for an aircraft type rating is zero. Some
current SICs, however, already hold the ATP certificate. For these
pilots, there would be an incremental cost for the type rating.\7\
Because of their close relationship, in this section the FAA estimates
ATP certificate and type rating testing costs concurrently. Far more
costly, however, is the requirement (retained by the proposed rule)
that an applicant for an ATP certificate have a minimum of 1,500 hours
of flight time. A later section entitled, ``Cost of the ATP 1,500-hour
Requirement'', will show the ATP 1,500-hour requirement to be orders of
magnitude more costly than ATP testing costs. Table 4 below shows the
cost factors for the ATP and aircraft type rating practical test.
---------------------------------------------------------------------------

    \7\ Very few pilots hold a type rating without also holding the
ATP certificate.

                        Table 4--Cost Factors for an ATP Certificate/Aircraft Type Rating
----------------------------------------------------------------------------------------------------------------
         Cost factor                            Rate                                      Unit
----------------------------------------------------------------------------------------------------------------
Ground school instructor....  $33.....................................  per hour.
Simulator instructor........  130.....................................  per hour.
Check Pilot.................  130.....................................  per hour.
Aircrew Program Designee      143.....................................  per hour.
 (APD).

Level C or D simulator......  2,000...................................  4-hr event.
New hire training pay.......  1,302...................................  per month.
SIC pilot pay...............  78......................................  per hour.
Hotel.......................  90......................................  per day.
Per diem....................  45......................................  per day.
ATP written test............  150.....................................  per test.
----------------------------------------------------------------------------------------------------------------
Sources: 1. Pay rates incorporate a benefits factor of 1.302--Employee Benefit Research Institute, www.ebri.org
  (Benefit FAQs).
2. Other cost factors--Industry survey and FAA Flight Standards Service.

    These cost factors are now used to estimate the cost per pilot,
enabling the cost for all affected pilots to be estimated. The cost